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108th Congress                                            Rept. 108-324
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                 AQUATIC INVASIVE SPECIES RESEARCH ACT

                                _______
                                

                October 20, 2003.--Ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 1081]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
1081) to establish marine and freshwater research, development, 
and demonstration programs to support efforts to prevent, 
control, and eradicate invasive species, as well as to educate 
citizens and stakeholders and restore ecosystems, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................8
 III. Background and Need for the Legislation.........................8
  IV. Summary of Hearings............................................11
   V. Committee Actions..............................................15
  VI. Summary of Major Provisions of the Bill........................16
 VII. Section-By-Section Analysis....................................16
VIII. Committee Views................................................19
  IX. Cost Estimate..................................................22
   X. Congressional Budget Office Cost Estimate......................23
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)...........24
 XII. Committee Oversight Findings and Recommendations...............24
XIII. Statement on General Performance Goals and Objectives..........24
 XIV. Constitutional Authority Statement.............................24
  XV. Federal Advisory Committee Statement...........................24
 XVI. Congressional Accountability Act...............................24
XVII. Statement on Preemption of State, Local, or Tribal Law.........24
XVIII.Changes in Existing Law Made by the Bill, As Reported..........25

 XIX. Committee Recommendations......................................26
  XX. Proceedings of Subcommittee Markup.............................27
 XXI. Proceedings of Full Committee Markup...........................45

                              I. Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Aquatic Invasive Species Research 
Act''.

SEC. 2. FINDINGS.

  The Congress makes the following findings:
          (1) Aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health.
          (2) The direct and indirect costs of aquatic invasive species 
        to our Nation's economy number in the billions of dollars per 
        year. In the Great Lakes region, approximately $3,000,000,000 
        dollars have been spent in the past 10 years to mitigate the 
        damage caused by one invasive species, the zebra mussel.
          (3) Recent studies have shown that, in addition to economic 
        damage, invasive species cause enormous environmental damage, 
        and have cited invasive species as the second leading threat to 
        endangered species.
          (4) Over the past 200 years, the rate of detected marine and 
        freshwater invasions in North America has increased 
        exponentially.
          (5) The rate of invasions continues to grow each year.
          (6) Marine and freshwater research underlies every aspect of 
        detecting, preventing, controlling, and eradicating invasive 
        species, educating citizens and stakeholders, and restoring 
        ecosystems.
          (7) Current Federal efforts, including research efforts, have 
        focused primarily on controlling established invasive species, 
        which is both costly and often unsuccessful. An emphasis on 
        research, development, and demonstration to support efforts to 
        prevent invasive species or eradicate them upon entry into 
        United States waters would likely result in a more cost-
        effective and successful approach to combating invasive species 
        through preventing initial introduction.
          (8) Research, development, and demonstration to support 
        prevention and eradication includes monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species, and development and testing of technologies 
        to prevent introduction through known pathways.
          (9) Therefore, Congress finds that it is in the United States 
        interest to conduct a comprehensive and thorough research, 
        development, and demonstration program on aquatic invasive 
        species in order to better understand how aquatic invasive 
        species are introduced and become established and to support 
        efforts to prevent the introduction and establishment of, and 
        to eradicate, these species.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Administering agencies.--The term ``administering 
        agencies'' means--
                  (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                  (B) the Smithsonian Institution (acting through the 
                Smithsonian Environmental Research Center); and
                  (C) the United States Geological Survey.
          (2) Aquatic ecosystem.--The term ``aquatic ecosystem'' means 
        a freshwater, marine, or estuarine environment (including 
        inland waters, riparian areas, and wetlands) located in the 
        United States.
          (3) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
          (4) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
          (5) Invasive species.--The term ``invasive species'' means a 
        species--
                  (A) that is nonnative to the ecosystem under 
                consideration; and
                  (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
          (6) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note).
          (7) Pathway.--The term ``pathway'' means 1 or more routes by 
        which an invasive species is transferred from one ecosystem to 
        another.
          (8) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
          (9) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
          (10) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law for a 
        particular application.

SEC. 4. COORDINATION AND IMPLEMENTATION.

  (a) Coordination.--In carrying out this Act, the administering 
agencies shall coordinate with--
          (1) appropriate State agencies;
          (2) the Fish and Wildlife Service, the Environmental 
        Protection Agency, and other appropriate Federal agencies; and
          (3) the Task Force and Invasive Species Council.
  (b) Implementation.--The administering agencies shall enter into a 
memorandum of understanding regarding the implementation of this Act, 
which shall include the coordination required by subsection (a).
  (c) Cooperation.--In carrying out this Act, the administering 
agencies shall contract, as appropriate, or otherwise cooperate with 
academic researchers.
  (d) Structure.--To the extent practicable, the administering agencies 
shall carry out this Act working within the organizational structure of 
the Task Force and Invasive Species Council.

SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH.

  (a) In General.--The administering agencies shall develop and conduct 
a marine and fresh-water research program which shall include 
ecological and pathway surveys and experimentation to detect nonnative 
aquatic species in aquatic ecosystems and to assess rates and patterns 
of introductions of nonnative aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program shall be to 
support efforts to prevent the introduction of, detect, and eradicate 
invasive species through informing early detection and rapid response 
efforts, informing relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the introduction and 
spread of aquatic invasive species. Surveys and experiments under this 
subsection shall be commenced not later than 18 months after the date 
of the enactment of this Act.
  (b) Protocol Development.--The administering agencies shall establish 
standardized protocols for conducting ecological and pathway surveys of 
nonnative aquatic species under subsection (a) that are integrated and 
produce comparable data. Protocols shall, as practicable, be integrated 
with existing protocols and data collection methods. In developing the 
protocols under this subsection, the administering agencies shall draw 
on the recommendations gathered at the workshop under subsection (g). 
The protocols shall be peer reviewed, and revised as necessary. 
Protocols shall be completed within 1 year after the date of the 
enactment of this Act.
  (c) Ecological and Pathway Survey Requirements.--(1) Each ecological 
survey conducted under subsection (a) shall, at a minimum--
          (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, nonnative species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
          (B) for nonnative species, gather information to assist in 
        identifying their life history, environmental requirements and 
        tolerances, the historic range of their native ecosystems, and 
        their history of spreading from their native ecosystems;
          (C) track the establishment of nonnative species including 
        information about the estimated abundance of nonnative 
        organisms in order to allow an analysis of the probable date of 
        introduction of the species; and
          (D) identify the likely pathway of entry of nonnative 
        species.
  (2) Each pathway survey conducted under this section shall, at a 
minimum--
          (A) identify what nonnative aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
          (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
          (C) determine the practices that contributed to or could 
        contribute to the introduction of nonnative aquatic species 
        through the pathway under consideration.
  (d) Number and Location of Survey Sites.--The administering agencies 
shall designate the number and location of survey sites necessary to 
carry out marine and freshwater research required under this section. 
In establishing sites under this subsection or subsection (e), emphasis 
shall be on the geographic diversity of sites, as well as the diversity 
of the human uses and biological characteristics of sites.
  (e) Competitive Grant Program.--The National Oceanic and Atmospheric 
Administration and the United States Geological Survey shall jointly 
administer a program to award competitive, peer-reviewed grants to 
academic institutions, State agencies, and other appropriate groups, in 
order to assist in carrying out subsection (a), and shall include to 
the maximum extent practicable diverse institutions, including 
Historically Black Colleges and Universities and those serving large 
proportions of Hispanics, Native Americans, Asian-Pacific Americans, or 
other underrepresented populations.
  (f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                          ``(ii) examine other potential modes for the 
                        introduction of nonnative aquatic species by 
                        ship, including hull fouling.''.
  (g) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), and to 
determine how to obtain consistent, comparable data across a range of 
ecosystems, the administering agencies shall convene at least one 
workshop with appropriate researchers and representatives involved in 
the management of aquatic invasive species from Federal and State 
agencies and academic institutions to gather recommendations. The 
administering agencies shall make the results of the workshop widely 
available to the public. The workshop shall be held within 180 days 
after the date of the enactment of this Act.
  (h) Experimentation.--The administering agencies shall conduct 
research to identify the relationship between the introduction and 
establishment of nonnative aquatic species, including those legally 
introduced, and the circumstances necessary for those species to become 
invasive.
  (i) National Pathway and Ecological Surveys Database.--
          (1) In general.--The United States Geological Survey shall 
        develop, maintain, and update, in consultation and cooperation 
        with the Smithsonian Institution (acting through the 
        Smithsonian Environmental Research Center), the National 
        Oceanic and Atmospheric Administration, and the Task Force, a 
        central, national database of information concerning 
        information collected under this section.
          (2) Requirements.--The database shall--
                  (A) be widely available to the public;
                  (B) be updated not less than once a quarter;
                  (C) be coordinated with existing databases, both 
                domestic and foreign, collecting similar information; 
                and
                  (D) be, to the maximum extent practicable, formatted 
                such that the data is useful for both researchers and 
                Federal and State employees managing relevant invasive 
                species programs.

SEC. 6. ANALYSIS.

  (a) Invasion Analysis.--
          (1) In general.--Not later than 3 years after the date of the 
        enactment of this Act, and every year thereafter, the 
        administering agencies shall analyze data collected under 
        section 5 and other relevant research on the rates and patterns 
        of invasions by aquatic invasive species in waters of the 
        United States. The purpose of this analysis shall be to use the 
        data collected under section 5 and other relevant research to 
        support efforts to prevent the introduction of, detect, and 
        eradicate invasive species through informing early detection 
        and rapid response efforts, informing relevant policy 
        decisions, and assessing the effectiveness of implemented 
        policies to prevent the introduction and spread of invasive 
        species.
          (2) Contents.--The analysis required under paragraph (1) 
        shall include with respect to aquatic invasive species--
                  (A) an analysis of pathways, including--
                          (i) identifying, and characterizing as high, 
                        medium, or low risk, pathways regionally and 
                        nationally;
                          (ii) identifying new and expanding pathways;
                          (iii) identifying handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                          (iv) assessing the risk that species legally 
                        introduced into the United States pose for 
                        introduction into aquatic ecosystems;
                  (B) patterns and rates of invasion and susceptibility 
                to invasion of various bodies of water;
                  (C) how the risk of establishment through a pathway 
                is related to the identity and number of organisms 
                transported;
                  (D) rates of spread and numbers and types of pathways 
                of spread of new populations of the aquatic invasive 
                species and an estimation of the potential spread and 
                distribution of newly introduced invasive species based 
                on their environmental requirements and historical 
                distribution;
                  (E) documentation of factors that influence an 
                ecosystem's vulnerability to a nonnative aquatic 
                species becoming invasive;
                  (F) a description of the potential for, and impacts 
                of, pathway management programs on invasion rates;
                  (G) recommendations for improvements in the 
                effectiveness of pathway management;
                  (H) to the extent practical, a determination of the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce the risk of 
                establishment to receiving aquatic ecosystems to an 
                acceptable level; and
                  (I) an evaluation of the effectiveness of management 
                actions (including any standard) at preventing 
                nonnative species introductions and establishment.
  (c) Research To Assess the Potential of the Establishment of 
Introduced Species.--Within 2 years after the date of the enactment of 
this Act, the administering agencies shall develop a profile, based on 
the general characteristics of invasive species and vulnerable 
ecosystems, in order to predict, to the extent practical, whether a 
species planned for importation is likely to invade a particular 
aquatic ecosystem if introduced. In developing the profile, the above 
agencies shall analyze the research conducted under section 5, and 
other research as necessary, to determine general species and ecosystem 
characteristics (taking into account the opportunity for introduction 
into any ecosystem) and circumstances that can lead to establishment. 
Based on the profile, the Task Force shall make recommendations to the 
Invasive Species Council as to what planned importations of nonnative 
aquatic organisms should be restricted. This profile shall be peer-
reviewed.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section and section 5 of this Act, 
and section 1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal 
years 2004 through 2008-
          (1) $4,000,000 for the Smithsonian Environmental Research 
        Center;
          (2) $11,000,000 for the United States Geological Survey 
        (including activities through the Cooperative Fish and Wildlife 
        Research Program), of which $6,500,000 shall be for the grant 
        program under section 5(e), and of which $500,000 shall be for 
        developing, maintaining, and updating the database under 
        section 5(i); and
          (3) $10,500,000 for the National Oceanic and Atmospheric 
        Administration, of which $6,500,000 shall be for the grant 
        program under section 5(e).

SEC. 7. DISSEMINATION.

  (a) In General.--The Invasive Species Council, in coordination with 
the Task Force and the administering agencies, shall be responsible for 
disseminating the information collected under this Act to the public, 
including Federal, State, and local entities, relevant policymakers, 
and private researchers with responsibility over or interest in aquatic 
invasive species.
  (b) Report to Congress.--Not later than 3 years after the date of the 
enactment of this Act, the Invasive Species Council shall report 
actions and findings under section 6 to the Congress, and shall update 
this report once every 3 years thereafter, or more often as necessary.
  (c) Response Strategy.--The Invasive Species Council, in coordination 
with the Task Force, the administering agencies, and other appropriate 
Federal and State agencies, shall develop and implement a national 
strategy for how information collected under this Act will be shared 
with Federal, State, and local entities with responsibility for 
determining response to the introduction of potentially invasive 
aquatic species, to enable those entities to better and more rapidly 
respond to such introductions.
  (d) Pathway Practices.--The Invasive Species Council, in coordination 
with the Task Force and the administering agencies, shall disseminate 
information to, and develop an ongoing educational program for, pathway 
users (including vendors and customers) on how their practices could be 
modified to prevent the intentional or unintentional introduction of 
nonnative aquatic species into aquatic ecosystems.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior for each of the fiscal 
years 2004 through 2008 $500,000 for the Invasive Species Council for 
carrying out this section.

SEC. 8. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.

  (a) Environmentally Sound Technology Development, Demonstration, and 
Verification.--
          (1) Grant program.--Not later than 1 year after the date of 
        the enactment of this Act, the Environmental Protection Agency, 
        acting through the Office of Research and Development, in 
        consultation with the Army Corps of Engineers, the 
        administering agencies, and the Task Force, shall develop and 
        begin administering a grant program to fund research, 
        development, demonstration, and verification of environmentally 
        sound cost-effective technologies and methods to control and 
        eradicate aquatic invasive species.
          (2) Purposes.--Proposals funded under this subsection shall--
                  (A) seek to support Federal, State, or local 
                officials' ongoing efforts to control and eradicate 
                aquatic invasive species in an environmentally sound 
                manner;
                  (B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                  (C) provide for demonstration or dissemination of the 
                technology or method to potential end-users; and
                  (D) verify that any technology or method meets any 
                appropriate criteria developed for effectiveness and 
                environmental soundness by the Environmental Protection 
                Agency.
          (3) Preference.--The Administrator of the Environmental 
        Protection Agency shall give preference to proposals that will 
        likely meet any appropriate criteria developed for 
        environmental soundness by the Environmental Protection Agency.
          (4) Merit review.--Grants shall be awarded under this 
        subsection through a competitive, peer-reviewed process.
          (5) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall prepare and submit a report to Congress 
        on the program conducted under this subsection. The report 
        shall include findings and recommendations of the Administrator 
        with regard to technologies and methods.
  (b) Dispersal Barrier Research Program.--Not later than 1 year after 
the date of the enactment of this Act, the Assistant Secretary of the 
Army for the Corps of Engineers, in conjunction with the Fish and 
Wildlife Service and other appropriate Federal agencies and academic 
researchers, shall establish a research, development, and demonstration 
program to study environmentally sound methods and technologies to 
reduce dispersal of aquatic invasive species through interbasin 
waterways and assess the potential for using those methods and 
technologies in other waterways.
  (c) Ship Pathway Technology Demonstration.--
          (1) Reauthorization of program.--Section 1301(e) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000'' 
        and inserting ``$7,500,000 for each of the fiscal years 2004 
        through 2008''.
          (2) Expansion of program.--Section 1104(b) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714(b)) is amended--
                  (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                  (B) by inserting after paragraph (3) the following 
                new paragraph:
          ``(4) Additional purposes.--The Secretary of the Interior and 
        the Secretary of Commerce may also demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on ships other than through 
        ballast water.''.
          (3) Criteria and workshop.--Section 1104 of the Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4714) is amended by adding at the end the following new 
        subsections:
  ``(d) Criteria.--When issuing grants under this section, the National 
Oceanic and Atmospheric Administration shall give preference to those 
technologies that will likely meet the criteria laid out in any testing 
protocol developed by the Environmental Protection Agency Office of 
Research and Development's Environmental Technology Verification 
Program.
  ``(e) Workshop.--The National Oceanic and Atmospheric Administration 
shall hold an annual workshop of principal investigators funded under 
this section and researchers conducting research directly related to 
ship pathway technology development, for information exchange, and 
shall make the proceedings widely available to the public.''.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2004 through 2008--
          (1) $2,500,000 for the Environmental Protection Agency to 
        carry out subsection (a); and
          (2) $1,000,000 for the Army Corps of Engineers to carry out 
        subsection (b).

SEC. 9. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP 
                    PATHWAY STANDARDS.

  (a) Research Program.--The Coast Guard and the Environmental 
Protection Agency, in coordination with the National Oceanic and 
Atmospheric Administration, the Task Force, and other appropriate 
Federal agencies and academic researchers, shall develop a coordinated 
research program to support the promulgation and implementation of 
standards to prevent the introduction and spread of invasive species by 
ships that shall include--
          (1) characterizing physical, chemical, and biological harbor 
        conditions relevant to ballast discharge into United States 
        waters to inform the design and implementation of ship vector 
        control technologies and practices;
          (2) developing testing protocols for determining the 
        effectiveness of vector monitoring and control technologies and 
        practices;
          (3) researching and demonstrating methods for mitigating the 
        spread of invasive species by coastal voyages, including 
        exploring the effectiveness of alternative exchange zones in 
        the near coastal areas and other methods proposed to reduce 
        transfers of organisms;
          (4) verifying the practical effectiveness of any type 
        approval process to ensure that the process produces repeatable 
        and accurate assessments of treatment effectiveness; and
          (5) evaluating the effectiveness and residual risk and 
        environmental impacts associated with any standard set with 
        respect to the ship pathway through experimental research.
  (b) Performance Test.--Within 1 year after the date of the enactment 
of this Act, the Coast Guard, in conjunction with the National 
Institute of Standards and Technology and the Maritime Administration, 
shall design a performance test for ballast water exchange such as a 
dye study to measure the effectiveness of ballast water exchange.
  (c) National Academy Study.--The Secretary of the Department in which 
the Coast Guard is operating shall enter into an arrangement with the 
National Academy of Sciences under which the Academy shall--
          (1) identify the relative risk of transfer of various 
        taxonomic groups by different ship modes;
          (2) assess the extent to which a ballast water standard that 
        virtually eliminates the risk of introduction of invasive 
        species by ballast water may relate to the risk of 
        introductions by all ship modes, and explain the degree of 
        uncertainty in such assessment; and
          (3) recommend methods for reducing organism transfers by 
        ships by addressing all parts and systems of ships and all 
        related modes of transport of invasive species, and identify 
        the research, development, and demonstration needed to improve 
        the information base to support such methods, including 
        economic information.
Not later than 2 years after the date of the enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
transmit to the Congress a report on the results of the study under 
this subsection.
  (d) Recommendations.--Not later than the later of 1 year after the 
date of submission of the report under subsection (c), or 3 years after 
the date of the enactment of this Act, the Task Force, in conjunction 
with the Environmental Protection Agency, the administering agencies, 
and other appropriate Federal and State agencies and academic 
researchers, shall submit to the Coast Guard a report that describes 
recommendations for--
          (1) a ship pathway treatment standard that incorporates all 
        potential modes of transfer by ships; and
          (2) methods for type approval and accurate monitoring of 
        treatment performance that are simple and streamlined and 
        follow established protocols.
  (e) Working Group.--Not later than 2 years after the issuance by the 
Coast Guard of any standard relating to the introduction by ships of 
invasive species, the Coast Guard shall convene a working group 
including the Environmental Protection Agency, the administering 
agencies, and other appropriate Federal and State agencies and academic 
researchers, to evaluate the effectiveness of that standard and 
accompanying implementation protocols. The duties of the working group 
shall, at a minimum, include--
          (1) reviewing the effectiveness of the standard in reducing 
        the establishment of invasive species in aquatic ecosystems, 
        taking into consideration the data collected under section 5; 
        and
          (2) developing recommendations to the Coast Guard for the 
        revision of such standard and type approval process to ensure 
        effectiveness in reducing introductions and accurate shipboard 
        monitoring of treatment performance that is simple and 
        streamlined, which shall be made widely available to the 
        public.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated--
          (1) for each of the fiscal years 2004 through 2008 $1,500,000 
        for the Coast Guard and $1,500,000 for Environmental Protection 
        Agency to carry out subsection (a);
          (2) for each of the fiscal years 2004 through 2006 $500,000 
        for the Coast Guard to carry out subsection (b); and
          (3) for fiscal year 2004 $500,000 for the Coast Guard to 
        carry out subsection (c), to remain available until expended.

SEC. 10. RESEARCH IN SYSTEMATICS AND TAXONOMY.

  (a) In General.--The National Science Foundation shall establish a 
program to award grants to researchers at institutions of higher 
education and museums to carry out research programs in systematics and 
taxonomy.
  (b) Goals.--The goals of the program under this section are to--
          (1) encourage scientists to pursue careers in systematics and 
        taxonomy to ensure a continuing knowledge base in these 
        disciplines;
          (2) ensure that there will be adequate expertise in 
        systematics and taxonomy to support Federal, State, and local 
        needs to identify species;
          (3) develop this expertise throughout the United States with 
        an emphasis on regional diversity; and
          (4) draw on existing expertise in systematics and taxonomy at 
        institutions of higher education and museums to train the next 
        generation of systematists and taxonomists.
  (c) Criteria.--Grants shall be awarded under this section on a merit-
reviewed competitive basis. Emphasis shall be placed on funding 
proposals in a diverse set of ecosystems and geographic locations, and, 
when applicable, integrated with the United States Long Term Ecological 
Research Network. Preference shall be given to proposals that will 
include student participation, and to institutions and museums that 
actively train students to become experts in taxonomy and systematics.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
section $2,500,000 each of the fiscal years 2004 through 2008.

SEC. 11. STATE PROGRAMS.

  (a) Plan.--The administering agencies, in cooperation with the 
appropriate State agencies, shall develop a plan to--
          (1) conduct a survey of methods States and Federal agencies 
        are using to control or eradicate aquatic invasive species;
          (2) facilitate the exchange of information among States and 
        Federal agencies on methods States or Federal agencies have 
        found to be effective at controlling or eradicating aquatic 
        invasive species and the costs of those methods; and
          (3) evaluate the cost-effectiveness of the various methods 
        States and Federal agencies are using to control or eradicate 
        aquatic invasive species.
  (b) Report.--Not later than one year after the date of enactment of 
this Act, the administering agencies shall jointly transmit to the 
Congress the plan described in subsection (a) and the expected costs of 
carrying out the plan.

                        II. Purpose of the Bill

    The purpose of H.R. 1081, the Aquatic Invasive Species 
Research Act, is to establish and authorize appropriations for 
a marine and freshwater research, development, and 
demonstration programs to support efforts to prevent, control, 
and eradicate aquatic invasive species, as well as to educate 
citizens and stakeholders and restore ecosystems.

              III. Background and Need for the Legislation

    Aquatic invasive species damage infrastructure, disrupt 
commerce, crowd out native species, reduce biodiversity and 
threaten human health. Non-native species have been brought 
into the U.S., both intentionally and unintentionally, since 
the European discovery of the New World. Trappers introduced 
nutria (a rodent similar to a muskrat) to bolster the domestic 
fur industry, others introduced the purple loosestrife plant 
because it added rich color in gardens, but both have now 
become serious threats to wetlands. Many unintentional 
introductions have resulted from species hitching a ride in 
ships, crates, planes, or soil coming into the U.S. Zebra 
mussels, for example, came into the Great Lakes through ballast 
water from ships.
    Most non-native species do not survive because the new 
environment does not meet the species' biological needs. In 
many cases, however, the new species will find favorable 
conditions, such as lack of natural enemies, or an environment 
that fosters propagation, that allow it to survive and thrive 
in a new ecosystem. Only a small fraction of these non-native 
species become ``invasive species'', which are defined as 
plants, animals, microorganisms or viruses that are: (1) non-
native to the ecosystem under consideration, and (2) whose 
introduction causes or is likely to cause economic or 
environmental harm or harm to human health. However, this small 
fraction has caused enormous economic and environmental damage.
    One example of an invasive species is the zebra mussel, 
which was introduced into the Great Lakes in the mid-1980s 
through the ballast water of ships. Ballast water is water 
carried by ships to provide stability and adjust a vessel's 
trim for optimal steering and propulsion. Ballast water is 
considered by many scientists to be the primary pathway by 
which aquatic invasive species are introduced into U.S. waters. 
Zebra mussels clog lakes and waterways and adversely affect 
fisheries, public water supplies, irrigation, water treatment 
systems, and recreational activities, and has been an immense 
financial burden on entities in the Great Lakes. In saltwater 
habitats, the European green crab has been associated with the 
demise of the soft-shell clam industry in New England, with an 
estimated cost to the industry of $44 million a year. While 
precise economic impacts are difficult to assess, a study by 
Cornell University scientists estimates that the total annual 
economic losses and associated control costs of invasive 
species (both aquatic and terrestrial) in the U.S. is about 
$137 billion a year.
    Invasive species also cause environmental damage that is 
even more difficult to quantify. For example, sea lamprey 
control measures in the Great Lakes cost approximately $10 to 
$15 million annually. However, we do not have a good measure of 
the cost of lost fisheries due to this invader. In fact, 
invasive species are now the number two threat to endangered 
species, right behind habitat loss. Quantifying the loss due to 
extinction of these species is nearly impossible.
    Congress has long recognized the damage that invasive 
species cause. One of the more recent congressional actions was 
the passage of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990. This legislation established a Federal 
program to prevent the introduction of, and to control the 
spread of, unintentionally introduced aquatic nuisance species. 
In 1996, Congress amended the 1990 Act with the National 
Invasive Species Act (NISA). This legislation continued to 
focus on aquatic invasive species by creating a voluntary 
national ballast water management program and a mandatory 
ballast water management program for ships entering the Great 
Lakes. Ballast water management can be done in two ways: (1) 
ballast water can be exchanged at sea, replacing species rich 
water picked up at ports with open ocean water that contains 
far fewer organisms, and (2) ballast water can be treated with 
a technology, such as chlorination. To date, there are no 
treatment technologies widely used to treat ballast water. NISA 
also required the Coast Guard to study and report to Congress 
on the effectiveness of ballast exchange or other technologies 
in controlling invasive species.
    However, NISA and the underlying 1990 legislation have been 
criticized for not going far enough to prevent the introduction 
of aquatic invasive species. Further, the agencies responsible 
for implementing the Act have been criticized for failing to 
carry out many of its provisions, including setting standards 
for ballast water treatment, conducting ecological assessments, 
and prescribing management actions. In response, agencies have 
argued that the law is ambitious and that funding has been 
inadequate. In addition, these failures have also been driven 
in part by a lack of scientific information on the underlying 
processes that lead to invasion.
    The research that has been done has been largely reactive, 
focusing on how to control specific invasive species, such as 
the sea lamprey, once they are already established and causing 
harm. Once an invasive species is established, it is virtually 
impossible to eradicate and very difficult to control. 
Additional research on how to manage species at the earlier 
stages of the invasion process, when prevention, eradication 
and restoration are still possible, is critical and would allow 
for more proactive management. H.R. 1081 would provide a 
foundation for our understanding of how to prevent invasive 
species from ever entering U.S. waters.
    For example, it is difficult to know how to prevent 
invasive species from entering the United States without a good 
understanding of how they get here, an understanding that H.R. 
1081 would develop through the pathway surveys conducted in the 
bill. Planned importations of non-native species can be more 
effectively screened for potential invasives with a thorough 
understanding of the characteristics that make a species 
invasive and an ecosystem vulnerable, a profile that would be 
created in this legislation. Finally, without good technologies 
to eradicate species in ballast water, it is difficult to 
prevent invasive species from entering U.S. waters through 
ships' ballasts (a known pathway). H.R. 1081 authorizes the 
development and demonstration of such technologies. These are 
just a few of the critical management questions that will be 
informed by research conducted under this legislation.
    One of the major barriers to the prevention of the 
introduction of invasive species is the lack of a clear, 
mandatory standard for the treatment of ballast water in ships 
to prevent introduction in non-native species. It is the 
responsibility of the Coast Guard to set this standard, 
however, it has been difficult to determine an environmentally 
protective standard without adequate research on how the risk 
of establishment relates to the quantity of introduced species, 
or conditions of introduction. Section 9 of H.R. 1081 
establishes a research program to support the setting, 
implementation and evaluation of ship pathway standards.
    Invasive species enter U.S. waters every day bringing with 
them greater environmental and economic harm. While the 
invasive species cost the United States billions in damages, 
very little is invested in how to prevent introduction and 
avoid this damage. More research, targeted at how to prevent 
these species from arriving in the first place, is critical to 
a more proactive and cost-effective invasive species policy.

                        IV. Summary of Hearings


July 26, 2001: Combating the Invaders: Research on Non-Native Species

    On July 26, 2001, the Subcommittee on Environment, 
Technology and Standards held a hearing to receive testimony on 
Federal agencies' research on invasive species and how the 
National Invasive Species Council coordinates invasive species 
programs and activities among the Federal agencies. The 
Subcommittee reviewed the research provisions in the National 
Invasive Species Act of 1996 and the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990, and focused on how 
to update and improve them.
    The Committee heard from: Panel 1: Peter Hoekstra, 
Congressman from Michigan. Panel 2: (1) Dr. David Evans, 
Assistant Administrator of the Office of Oceanic and 
Atmospheric Research, National Oceanic and Atmospheric 
Administration and Co-Chair of the Aquatic Nuisance Species 
Task Force; (2) Ms. Lori Williams, Executive Director of the 
National Invasive Species Council; (3) Dr. James T. Carlton, 
Professor of Marine Sciences at Williams College and Director 
of the Maritime Studies Program of Williams College and Mystic 
Seaport; (4) Dr. Stephen B. Brandt, Director of the Great Lakes 
Environmental Research Laboratory; (5) Mr. Scott Smith from the 
Washington State Department of Fish and Wildlife.
    Noting that he had introduced legislation earlier in the 
year to address the introduction of non-native species to the 
Great Lakes through ballast water, Mr. Hoekstra expressed 
interest in working with the Subcommittee to develop 
legislation to combat non-native species and the ecological and 
economic damage they cause.
            Current Federal research portfolio and research needs
    Dr. Evans began by stressing that aquatic invasive species 
pose a severe threat to our Nation's ecological and socio-
economic well-being. He described current agency-sponsored 
research and zebra mussels and aquatic invasive weeds, and said 
that the role of the Task Force is to coordinate research and 
to make information available to all stakeholders. He said that 
because the National Invasive Species Act focused largely on 
applied research, basic research questions, such as what makes 
a habitat vulnerable, or a species invasive, have yet to be 
addressed.
    Dr. James T. Carlton described some recent invasions, such 
as the rapa whelk, in order to illustrate that research to 
prevent, understand and manage invasions is more pressing now 
than ever before. He noted that the role of universities is to 
define the basic science of invasions and to partner with 
government agencies and others to develop solutions. He pointed 
to the Ballast Water Management Demonstration Program as a 
successful example of this partnership. However, he also 
cautioned that the nation would only gain from research in 
proportion to how it is funded, and noted that investment over 
the past ten years has been disproportionately low compared to 
the nature of the problem.
    Ms. Lori Williams stated that an effective response to 
biological invasions must be coordinated, interdepartmental, 
and multi-jurisdictional. Further, coordinated research 
planning is essential to avoid unnecessary duplication of 
research efforts, to develop a coherent research plan, and to 
maximize collaborative synergy among researchers. She discussed 
the Invasive Species Council's Management Plan. The plan 
documents research needs, including additional research to 
assess the risk of non-native species becoming invasive, better 
baseline data and monitoring, and improved data on economic and 
environmental impacts of invasive species.
    Dr. Stephen B. Brandt testified that over the past few 
decades, rates of invasion have accelerated. He stated that 
there is general agreement on research priorities. These should 
be focused on prevention of species invasion through ballast 
water, and on minimizing the ecological and economic impacts of 
invasive species. He also stated that a basic understanding of 
ecosystems and invasive species biology is essential to make 
management decisions effective to minimize the impact of 
invasive species.
    Mr. Scott Smith offered a State perspective. He stressed 
that the States are very concerned about the accelerating rate 
of invasions, and that the States do not currently have the 
capacity to deal with invasive species. He urged better 
coordination with States in addressing the problem. One of the 
State of Washington's top research priorities is the 
development of ballast water treatment technologies. He stated 
that funds for this research should be available nationally. 
Finally, he stressed that research is necessary in order to 
allow managers to be proactive in preventing introductions of 
invasive species.

June 20, 2002: Research Priorities for Aquatic Invasive Species

    On Thursday, June 20, 2002, the Subcommittee on 
Environment, Technology, and Standards of the House Science 
Committee held a hearing on research priorities to support 
States and the Federal government in their efforts to prevent, 
control and eradicate aquatic invasive species. The hearing 
examined gaps in our understanding of how invasive species are 
introduced and spread, and what research is required to enable 
State and Federal officials to better manage aquatic invasive 
species.
    The hearing explored several questions, including:
     What research is needed to assess the relative 
risk of different invasion pathways?
     What types of monitoring (for example, ecological 
surveys and pathway surveys) would support early detection of, 
and rapid response to, the introduction of an invasive species?
     What research is required to enable more accurate 
characterization of the likelihood of a species invading once 
it is introduced?
     What research is required to support the 
development of standards for ballast water and ``whole ship'' 
treatment?
     What research programs should we pursue to develop 
new technologies to prevent the introduction of invasive 
species by ships entering or moving about U.S. waters and 
control them after they have arrived?
    The witnesses included: Panel 1: Robert A. Underwood, 
Delegate from Guam. Panel 2: (1) Dr. David Lodge, Professor of 
Biological Sciences, University of Notre Dame; (2) Dr. L. David 
Smith, Assistant Professor of Biological Science, Smith 
College; (3) Dr. Gregory Ruiz, Senior Scientist, Smithsonian 
Environmental Research Center; (4) Ms. Allegra Cangelosi, 
Senior Policy Analyst, Northeast-Midwest Institute;
    (5) Ms. Maurya Falkner, Staff Environmental Scientist, 
Marine Facilities Division of the California State Lands 
Commission and Program Manager, Ballast Water Management and 
Control Program.
    Delegate Underwood testified on the significant 
environmental and economic damage caused on Guam by the non-
native brown tree snake.
            Research priorities
    Dr. Lodge testified that the current Federal research 
portfolio is reactive and is focused on how to control species 
that are already invasive. However, once a species is already 
established, it is virtually impossible to eradicate. He 
stressed that research should focus on how to prevent species 
from being introduced in the first place, and how to detect 
their arrival early in order to eradicate them, allowing more 
proactive management. An ideal invasive species research 
portfolio would include a dramatically increased research 
effort relevant to steps that are early in the invasion 
process, such as pathway and ecological surveys.
    Dr. David Smith described some of the work that he has been 
involved in to survey pathways, and testified that shipping is 
the primary vector for aquatic invasions. He stressed the need 
to include findings from such pathway studies in management 
plans.
    Dr. Ruiz reiterated that prevention of new invasions 
through pathway management is a clear priority. Pathway 
management involves three fundamental components: pathway 
strength, pathway analysis, and pathway disruption. He stated 
that tracking invasions, through standardized field surveys, is 
of paramount importance to pathway management, both to measure 
pathway strength--or the source of new invasions--and to assess 
the long-term effect of management practices to disrupt 
pathways on invasion rates and patterns.
    Ms. Cangelosi stressed that while ballast water exchange is 
currently required under the National Invasive Species Act 
(NISA), an interim, biologically based standard of treatment is 
needed until research can identify a final, environmentally 
protective ``whole-ship'' standard. She advocated research to 
directly support Coast Guard efforts to set such a final 
standard, and stated that an integrated shore-based and 
shipboard approach between the Environmental Protection Agency 
(EPA) and Coast Guard would afford economic and ecological 
research efficiencies and assure that methods developed would 
be environmentally sound. She stated that no additional 
research is needed in order to set an interim standard.
    Upon questioning, all of the witnesses agreed that an 
interim standard should be set immediately.
    Ms. Faulkner testified that development of new technologies 
for ballast water treatment has been hindered by the fact that 
alternatives to ballast water exchange have not been 
encouraged, and interim and final treatment standard has not 
been identified, and research funding is inadequate. She called 
for increased funding for the development and testing of 
treatment technologies for ballast water, and stated that such 
a program also needs to focus on developing verification and 
certification programs, which can only exist when standards are 
identified.

November 14, 2002: House Resources Subcommittee on Fisheries 
        Conservation, Wildlife and Oceans and the House Science 
        Subcommittee on Environment, Technology, and Standards Joint 
        Hearing on H.R. 5395 and H.R. 5396

    On Thursday, November 14, 2002, the House Resources 
Subcommittee on Fisheries Conservation, Wildlife and Oceans and 
the House Science Subcommittee on Environment, Technology, and 
Standards held a legislative hearing on H.R. 5395, the National 
Aquatic Invasive Species Act, and H.R. 5396, the Aquatic 
Invasive Species Research Act.
    Witnesses included: Panel 1: (1) Mr. Steve Williams, 
Director, U.S. Fish and Wildlife Service; (2) Mr. Timothy R.E. 
Keeney, Deputy Assistant Secretary for Oceans and Atmosphere, 
National Oceanic and Atmospheric Administration and co-chair of 
the Aquatic Nuisance Species Task Force; (3) Captain Michael W. 
Brown, Chief, Office of Operating and Environmental Standards, 
U.S. Coast Guard; and (4) Dr. Gregory M. Ruiz, Senior 
Scientist, Smithsonian Environmental Research Center. Panel 2: 
(1) Dr. Gabriela Chavarria, Policy Director for Wildlife 
Management, National Wildlife Federation; (2) Ms. Allegra 
Cangelosi, Senior Policy Analyst, Northeast-Midwest Institute; 
(3) Dr. Roger Mann, Professor, Virginia Institute for Marine 
Science; and (4) Dr. Phyllis Windle, Senior Scientist, Union of 
Concerned Scientists.
            Support for the legislation
    The witnesses all agreed that the underlying legislation 
should be reauthorized and were generally supportive of H.R. 
5395 (the version of H.R. 1081 introduced in the 107th 
Congress). Mr. Williams stated that the introduction of 
invasive species has had a significant impact on our 
environment and that the Department of Interior supported the 
overall direction of the two bills. Mr. Keeney agreed and 
stated that the National Oceanic and Atmospheric Administration 
(NOAA) believes that the two bills address important gaps in 
the existing programs. He also stated that there is a need to 
develop an early detection and response mechanism, and to 
systematically assess eradication technologies. Mr. Williams 
reported that the Department of Interior was encouraged that 
the legislation emphasizes pathways other than ballast water. 
Both Mr. Williams and Mr. Keeney praised the bills for 
including strong research and education elements, calling these 
elements critical to control efforts. Mr. Williams stressed 
that efforts to deal with invasive species must be informed by 
research.
    Dr. Ruiz testified in support of H.R. 5395. He began his 
testimony by outlining the difficulty in developing management 
strategies without more complete information about invasion 
ecology. He stated that there are gaps in the scientific data 
on the relationship between the introduction and establishment 
of species and that these gaps limit the predictive capability 
for both intentional and unintentional introductions. Dr. Ruiz 
emphasized the need for research to measure changes in species 
transfer and invasion patterns to understand and predict the 
most serious threats for invasive introductions, both 
intentional and unintentional. Dr. Ruiz advocated two measures 
for addressing these problems. He sees the need for the 
development of an early detection system that would include a 
list of ``target'' species that have the potential for causing 
the most harm. More important, however, would be establishing a 
framework, consistent among geographical regions, to evaluate 
and approve intentional introductions.
    Dr. Gabriela Chavarria testified that H.R. 5395 would fill 
a big gap in the Federal government's current invasive species 
programs. She stated that a comprehensive and thorough 
research, development, and demonstration program on aquatic 
invasive species needs to be conducted to better understand how 
aquatic invasive species are introduced and become established, 
and to support efforts to prevent their introduction and 
establishment and eradicate them.
    Dr. Mann testified that H.R. 5395 provides a sound basis 
for new and continuing research priorities on a broad range of 
issues, and, importantly, includes research that is relevant to 
management practices.
    Dr. Phyllis Windle testified that H.R. 5395 is an important 
step in combating the problems posed by invasive species. She 
stated that there are a number of specific provisions in the 
bill that biological scientists have long advocated as 
especially important. These include efforts to identify the 
high-risk pathways by which organisms reach the country and to 
develop the methods to limit them. She testified that the 
targeted research contained in H.R. 5395 is essential to 
implementing and evaluating management practices aimed at 
combating invasive species.

                          V. Committee Actions

    The Environment, Technology, and Standards Subcommittee of 
the House Committee on Science heard testimony in the 107th 
Congress relevant to the programs authorized in H.R. 1081 at 
hearings held on July 26, 2001, June 20, 2002, and November 14, 
2002.
    On March 13, 2003 (108th Congress), the Environment, 
Technology and Standards Subcommittee met to consider H.R. 
1081. No amendments were offered, and the Subcommittee 
favorably reported the bill by voice vote.
    On June 4, 2003, the Full Science Committee met to consider 
H.R. 1081, and considered the following amendments to the bill:
    1. Mr. Ehlers and Mr. Baird offered amendments en bloc to 
various portions of the bill. The en bloc amendments, which 
were accepted en bloc and agreed to by voice vote, comprised 
many technical, clarifying and conforming changes, as well as a 
number of substantive changes to the underlying bill as 
follows:
          a. Required greater coordination with State agencies 
        in implementing the provisions of the Act.
          b. Altered the structure of the grant program 
        authorized under section 5(e).
          c. Authorized the development of a plan to conduct a 
        survey of methods to control or eradicate aquatic 
        invasive species, evaluate the cost-effectiveness of 
        these methods, and facilitate the exchange of 
        information. Required that the plan be submitted to 
        Congress within one year of the date of enactment.
    2. Ms. Jackson Lee offered an amendment to include, to the 
maximum extent practicable, institutions attended by 
underrepresented populations in the grant program in section 
5(e). The amendment was adopted by voice vote.
    3. Mr. Wu offered an amendment to authorize $10 million to 
the Army Corps of Engineers Center for Aquatic Plant Research 
and Technology to conduct research, development and 
demonstration to control, prevent and eradicate invasive 
aquatic plants. The amendment was withdrawn.
    Mr. Hall moved that the Committee favorably report the 
bill, H.R. 1081, as amended, to the House with the 
recommendation that the bill as amended do pass, and that the 
staff be instructed to make technical and conforming changes to 
the bill as amended and prepare the legislative report and that 
the Chairman take all necessary steps to bring the bill before 
the House for consideration. With a quorum present, the motion 
was agreed to by a voice vote.

              VI. Summary of Major Provisions of the Bill

    The major provisions of the legislation are:
           Authorization of an ecological and pathway 
        research program, combining surveys, experimentation 
        and analysis, run by the National Oceanic and 
        Atmospheric Administration, the United States 
        Geological Survey and the Smithsonian Environmental 
        Research Center and including grants to State and 
        academic researchers;
           Authorization of a development, 
        demonstration and verification program run by the 
        Environmental Protection Agency to develop 
        environmentally sound technologies to control and 
        eradicate invasive species;
           Reauthorization of the Ballast Water 
        Technology Demonstration Program;
           Authorization of a joint Coast Guard and 
        Environmental Protection Agency research program to 
        support the Coast Guard's efforts to set mandatory 
        standards for ships with respect to the introduction of 
        non-native species;
           Authorization of a grant program within the 
        National Science Foundation to support academic 
        research in systematics and taxonomy.

                    VII. Section-by-Section Analysis


Section 1. Short title

    This Act is named the ``Aquatic Invasive Species Research 
Act.''

Section 2. Findings

    The legislation establishes several findings in support of 
the legislation, and finds that aquatic invasive species pose 
significant direct and indirect costs to the U.S. economy and 
environment, and that more research is needed to better direct 
Federal efforts toward effectively preventing the introduction 
of invasive species.

Section 3. Definitions

    The administering agencies of the Act are defined as the 
National Oceanic and Atmospheric Administration, the 
Smithsonian Environmental Research Center and the United States 
Geological Survey.
    The following additional terms are defined: aquatic 
ecosystem, ballast water, invasion, invasive species, Invasive 
Species Council, pathway, species, task force, and type 
approval.

Section 4. Consultation and cooperation

    The administering agencies shall enter into a memorandum of 
agreement regarding implementation of this Act. In carrying out 
the Act, they shall consult with the Aquatic Nuisance Species 
Task Force, the Invasive Species Council, the Environmental 
Protection Agency and other appropriate State and Federal 
agencies, and shall cooperate with academic researchers.

Section 5. Ecological and pathway research

    The administering agencies shall conduct surveys of 
ecosystems and of pathways (such as ships' ballast water) by 
which invasive species enter U.S. waters in order to track the 
introduction of invasive species. They shall also conduct 
experiments to understand the relationship between the 
conditions under which an invasive species is introduced and 
the likelihood that it will become established, and maintain a 
database of all of the information gathered under this section. 
Ecosystem surveys will review the patterns and rates of 
invasion at the site, track the establishment of species in 
ecosystems, monitor the circumstances accompanying that 
establishment, and document factors that may influence an 
ecosystem's vulnerability to invasion. Pathway surveys will 
identify the species being introduced through a given pathway, 
the quantity being introduced, and handling practices that 
contribute to the introduction. In carrying out this program 
the administering agencies will develop standardized protocols 
for carrying out the surveys and will coordinate their efforts 
to establish long-term survey sites to collect strong baseline 
information. A grant program is established to fund academic 
researchers and State agencies to carry out the surveys at 
diverse sites distributed geographically around the country.

Section 6. Analysis

    The administering agencies shall analyze the survey and 
experimental results collected under Section 5. Specifically, 
they will, among other things, identify the highest risk 
pathways, identify handling practices within pathways that 
contribute to introductions, and evaluate how much effort is 
required in reducing introductions for various taxonomic groups 
to reduce the risk that they will become established. The 
agencies shall recommend and review pathway management programs 
to reduce introductions of invasive species. A profile, based 
on information about species characteristics, ecosystem 
characteristics and environmental circumstances that favor 
invasion, will be developed to predict, to the extent 
practical, whether a species planned for importation is likely 
to invade a particular ecosystem.
    Authorization of Appropriations.--To carry out Sections 5 
and 6 for FY04 through FY08, the National Oceanic and 
Atmospheric Administration is authorized $17 million per year 
($13 million of which is for the grant program), the 
Smithsonian Environmental Research Center is authorized $4 
million per year, and the United States Geological Survey is 
authorized $4.5 million per year ($500,000 million of which is 
to administer the database).

Section 7. Dissemination

    The National Invasive Species Council shall disseminate the 
information developed under Section 6 to relevant audiences. 
This includes a report to Congress, a mechanism to provide 
survey findings to support rapid response efforts, and 
dissemination to users of the various pathways invasive species 
exploit of information regarding how their practices should be 
modified to prevent the introduction of non-native species. The 
National Invasive Species Council is authorized for FY04 
through FY08 $500,000 million per year.

Section 8. Technology development and demonstration

    The Act establishes and expands several programs to develop 
technologies to prevent, control and eradicate invasive 
species. These include (authorizations are for FY04 through 
FY08):
     The creation of an Environmental Protection Agency 
grant program to fund research, development, demonstration and 
verification of a suite of environmentally sound technologies 
to control and eradicate invasive species (authorized at $2.5 
million per year).
     The creation of an Army Corps of Engineers 
dispersal barrier research program (authorized at $1 million 
per year).
     The expansion of the Ballast Water Technology 
Demonstration Program to include the demonstration of 
technologies to treat all ship pathways of introduction 
(including hull fouling) (authorized at $7.5 million per year).

Section 9. Research to support the setting and implementation of 
        standards

    The Act establishes a research program to support the 
setting, implementation and evaluation of standards for 
treatment of ship pathways of introduction. This includes:
     The creation of a Coast Guard and Environmental 
Protection Agency research program to conduct experiments and 
answer relevant policy questions associated with standards and 
their implementation, such as the identification of possible 
circumstances in which a ship may encounter invasive species 
and in which a treatment technology must be effective 
(authorized at $1.5 million for Environmental Protection Agency 
and $1.5 million for Coast Guard per year for FY04 through 
FY08).
     Coast Guard research to design a performance test 
for ballast water exchange (authorized at $500,000 million per 
year for FY04 through FY06).
     A study by the National Academy of Sciences to 
develop recommendations for a ballast water discharge standard 
(authorized at $500,000 for FY04).
     An inter-agency working group to evaluate the 
effectiveness of the standard and make recommendations for 
revision.

Section 10. Research in systematics and taxonomy

    The National Science Foundation shall establish a 
competitive, peer-reviewed program to award grants to 
researchers at institutions of higher education and museums to 
carry out research in systematics and taxonomy. The program is 
authorized at $2.5 million per year for FY04 through FY08.

Section 11. State programs

    The administering agencies, in cooperation with State 
agencies, shall develop a plan to conduct a survey of control 
and eradication methods, facilitate the exchange of information 
on effective methods and the costs of those methods, and 
evaluate the cost-effectiveness of various methods, and shall 
transmit this plan to Congress.

                         VIII. Committee Views


Investment in invasive species R&D;

    It is the Committee's view that the United States has 
underinvested in Research and Development (R&D;) on aquatic 
invasive species. Specifically, more R&D; funding should be 
focused on understanding the earliest stages of invasions. This 
will inform Federal, State and local managers who seek to 
prevent aquatic invasive species from entering U.S. waters and 
to eradicate them quickly upon arrival. This view is embodied 
in the comprehensive R&D; program authorized by this 
legislation.
    While there has been great focus on the Great Lakes and 
marine ecosystems with respect to invasive species, the 
Committee also recognizes the significant problems experienced 
in many of the nation's rivers, streams, and lakes due to 
invasive aquatic plants. The Committee intends to have the 
interagency programs authorized in this bill address the 
problems of aquatic invasive plants by drawing upon the 
expertise and experience of Federal programs already in 
existence such as the Center for Aquatic Plant Research and 
Technology, and their State and local cooperating 
organizations. The research programs authorized in this Act 
should be national in scope and strive for balanced coverage of 
the problems of aquatic invasive species that impact all waters 
of the United States.

Section 4. Coordination and implementation

    It is the Committee's view that the administering agencies 
should work closely in implementing this Act with those who are 
primarily responsible for the management of invasive species. 
This includes both Federal agencies, including the 
Environmental Protection Agency and Fish and Wildlife Service, 
as well as State and local agencies, which ultimately perform 
the bulk of invasive species management.
    The Committee believes that the memorandum of understanding 
required under this section should cover all of the duties 
assigned to the administering agencies, including the 
development of surveys and protocols, administration of the 
grant program and the database, experimentation and analysis. 
In developing the memorandum of understanding, the 
administering agencies should focus on assigning duties that 
match the strengths of the particular agencies. For instance, 
the Smithsonian Environmental Research Center is primarily a 
research agency, and should be fully utilized for its research 
expertise in implementing all of the provisions listed above, 
including developing research protocols and solicitations for 
research grants. However, it should not have burdensome 
administrative responsibilities.
    The Committee recognizes that academic researchers also 
have a wealth of experience in conducting research on invasive 
species, and believes they should be included in planning the 
research program and conducting research, as appropriate.
    The Committee acknowledges that the Aquatic Nuisance 
Species Task Force and Invasive Species Council play an 
important role in coordinating the invasive species activities 
of the Federal government, both in terms of management and 
research. The Committee feels that to the extent practicable, 
in planning, coordinating and disseminating research authorized 
in this bill, the administering agencies should work with the 
Task Force and Council and seek to avoid duplication.

Section 5. Ecological and pathway research

    The Committee understands that measuring invasion patterns 
and rates effectively requires the use of standardized, 
quantitative surveys that are replicated at many sites, and 
repeated over time. The Committee believes strongly that it is 
critical to establish a baseline of information that is 
comparable across ecosystems throughout the United States. 
However, the Committee recognizes that there is also 
information that will be location specific and not comparable. 
Therefore, while the Committee urges the administering 
agencies, through the workshop required by this Act and other 
activities, to determine the necessary baseline data and 
accompanying protocols that will ensure comparability and meet 
the goals of this section, the Committee understands that at 
some sites, surveys will include both standardized core 
elements (i.e., identical across all sites) and measures that 
are of particular interest at only a subset of sites.
    While the surveys and protocols developed under this 
section are primarily intended for use in carrying out the 
research authorized under this Act, the Committee encourages 
the administering agencies to develop the surveys and protocols 
in such a way that a subset of the survey (and accompanying 
protocols) can be used more easily and broadly in early 
detection and rapid response efforts. The Committee also 
recognizes that for some survey elements there will be existing 
research protocols that are accepted by the scientific 
community, and encourages the administering agencies to use 
these protocols to the maximum extent practicable instead of 
creating new ones. In conducting the surveys, the Committee 
believes that existing data relevant to the surveys should be 
used to the maximum extent practical in lieu of new data 
collection. It is the view of the Committee that the 
administering agencies should work closely with Federal, State 
and local resource managers in order to ensure that data 
collected through the surveys will be relevant to their work.
    Pathway surveys should cover, at a minimum, known pathways, 
including ships (ballast tank discharges and movements of 
species on ship hulls); dispersal through canals and natural 
waterways; stocking of waterbodies by private and public 
agencies; aquaculture escapes; the aquarium trade; the 
watergarden trade; the live bait trade; the biological supply 
trade; and the live food trade.
    The Committee recognizes that the bill gives discretion to 
the administering agencies in selecting the number and location 
of survey sites. The committee envisions that the administering 
agencies will use their directly appropriated funds to set up 
and operate some of the survey sites, and then will choose the 
remainder of the sites through the competitive grant program. 
One possibility is to have a small number of regionally-based 
``core'' research sites run by the administering agencies, and 
then a larger number of ``distributed'' research sites, run by 
State agencies or academic researchers and awarded 
competitively through the grant program. One advantage of a 
network approach lies in the local implementation of surveys, 
drawing on local or regional expertise in a cost-effective 
manner. Further, the development of a distributed network with 
centralized services, including especially data management and 
analyses, would assure rapid access to current information 
which could inform analyses of invasion patterns and rates or 
rapid-response actions. It is the intention of the Committee 
that these sites be geographically distributed across the 
United States.
    In designating the sites, and awarding funds through the 
grant program, it is the Committee's view that all three of the 
administering agencies should jointly make these decisions 
including reviewing grant proposals. The Committee does not 
intend to give direction as to the number of marine versus 
freshwater sites based on the amount of funding authorized to 
the National Oceanic and Atmospheric Administration and the 
United States Geological Survey respectively. The administering 
agencies are not eligible for funds awarded through the grant 
program.
    The Act requires at least one workshop to support the 
development of the protocols and designs for the surveys. The 
Committee believes that it is critical that State and local 
employees responsible for the management of invasive species 
and academic researchers be included in this workshop.
    It is the Committee's view that the experimentation 
required under subsection (h) should include lab and field-
based experimentation. The administering agencies should ensure 
that experimentation and surveys support each other in 
accomplishing the goals of the Act.
    The Committee underscores that the National Pathway and 
Ecological Surveys Database must be developed and maintained in 
consultation with the Smithsonian Environmental Research Center 
(which runs the Ballast Water Information Clearinghouse), the 
National Oceanic and Atmospheric Administration, and the Task 
Force.

Section 6. Analysis

    The Committee expects that the analysis required under 
section 6 will be ongoing, and that the administering agencies 
will present an update of this analysis to Congress on an 
annual basis. It is intended that the administering agencies 
will use the results of the surveys and experimentation 
conducted under section 5, as well as other relevant research 
results in order to answer questions directly relevant to 
policy-makers. Policy-makers include both State and local 
employees directly responsible for managing invasive species, 
as well as Federal agencies and the Congress, responsible for 
setting national level policy.

Section 8. Technology development, demonstration, and verification

    It is the Committee's view that the Ballast Water 
Management Demonstration Program has been underfunded in the 
past and recognizes that research needs far exceed past 
funding. However, the Committee also notes that the program 
requires better coordination, and therefore the Committee has 
required an annual workshop to ensure that research results are 
adequately communicated. It is the Committee's view that this 
should be an applied research program and that, in funding 
research and development proposals, the National Oceanic and 
Atmospheric Administration should give preference to proposals 
that build upon existing research and development. In addition, 
the Committee has expanded the program to focus on all ship 
pathways, since other pathways are proving to be important in 
the transport of species.

Section 9. Research to support the setting and implementation of 
        standards

    The Committee notes that in every rulemaking relating to 
the management of invasive species in ballast water, the Coast 
Guard has cited the need for more research to answer key 
science questions. This section is intended to support research 
that will assist the Coast Guard in developing, establishing, 
promulgating and implementing a risk-based, environmentally 
protective standard for the regulation of ship pathways. The 
Committee believes that the Coast Guard and Environmental 
Protection Agency should be equal partners in administering 
this research program.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science prior to the filing of this report and 
is included in Section X of this report pursuant to House Rule 
XIII, clause 3(c)(3).
    H.R. 1081 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
1081 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 18, 2003.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1081, the Aquatic 
Invasive Species Research Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Jenny Lin.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1081--Aquatic Invasive Species Research Act

    Summary: H.R. 1081 would authorize appropriations through 
fiscal year 2008 for programs to combat and research the spread 
of invasive species that are not native to U.S. waters. 
Assuming appropriation of the authorized amounts, CBO estimates 
that implementing this bill would cost $20 million in 2004 and 
$180 million over the 2004-2008 period. An additional $35 
million would be spent after 2008. Enacting the bill would not 
affect direct spending or revenues.
    The bill contains no new intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    H.R. 1081 would direct eight federal agencies to conduct 
research programs to detect, control, and prevent nonnative 
species in marine and freshwater systems within the United 
States. These research programs would assess the rates and 
patterns of the introduction and spread of such species, 
develop protocols for conducting ecological surveys, develop 
and maintain a national database of survey information, and 
promulgate standards to prevent further incursions. The bill 
also would authorize grant programs to develop methods and 
technologies to control and eradicate existing species.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1081 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level \1\............................................       44       43       43       43       43
Estimated Outlays..................................................       20       30       40       45       45
----------------------------------------------------------------------------------------------------------------
\1\ For fiscal year 2003, $2.55 million was appropriated to the National Oceanic and Atmospheric Administration
  for a ballast water management demonstration program. Other programs authorized by H.R. 1081 would be new
  federal activities.

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized by the legislation will be appropriated for 
each fiscal year and that outlays will follow historical 
spending patterns for similar activities. The estimate is based 
on information provided by the National Oceanic and Atmospheric 
Administration, the U.S. Coast Guard, and other federal 
agencies.
    Intergovernmental and private-sector impacts: H.R. 1081 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis and Jenny 
Lin; Impact on State, Local, and Tribal Governments: Majorie 
Miller; and Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 1081 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to rule XIII, clause 3(c)(4) of the Rules of the 
House of Representatives the general performance goals and 
objectives of H.R. 1081 are to conduct research, development 
and demonstration in order to support efforts to prevent, 
control, and eradicate aquatic invasive species, as well as to 
educate citizens and stakeholders and restore ecosystems.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1081.

                XV. Federal Advisory Committee Statement

    H.R. 1081 does not establish nor authorize the 
establishment of any advisory committee.
    The Committee finds that H.R. 1081 does relate to the terms 
and conditions of employment or access to public services or 
accommodations within the meaning of section 102(b)(3) of the 
Congressional Accountability Act (Public Law 104-1).

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 1081 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):




NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

           *       *       *       *       *       *       *



TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

           *       *       *       *       *       *       *


Subtitle B--Prevention of Unintentional Introductions of Nonindigenous 
Aquatic Species

           *       *       *       *       *       *       *


SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

  (a) * * *
  (b) Ecological and Ballast Water Discharge Surveys.--
          (1)  * * *
          (2) Ballast water discharge surveys.--
                  (A)  * * *
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Secretary 
                shall--
                          (i)  * * *
                          [(ii) assess the effectiveness of 
                        voluntary guidelines issued, and 
                        regulations promulgated, under this 
                        subtitle in altering ballast water 
                        discharge practices to reduce the 
                        probability of accidental introductions 
                        of aquatic nuisance species.]
                          (ii) examine other potential modes 
                        for the introduction of nonnative 
                        aquatic species by ship, including hull 
                        fouling.

           *       *       *       *       *       *       *


SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION 
                    PROGRAM.

  (a) * * *
  (b) Demonstration Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Additional purposes.--The Secretary of the 
        Interior and the Secretary of Commerce may also 
        demonstrate and verify technologies under this 
        subsection to monitor and control pathways of organism 
        transport on ships other than through ballast water.
          [(4)] (5) Selection of technologies and practices.--
        In selecting technologies and practices for 
        demonstration under this subsection, the Secretary of 
        the Interior and the Secretary of Commerce shall give 
        priority consideration to technologies and practices 
        identified as promising by the National Research 
        Council Marine Board of the National Academy of 
        Sciences in its report on ships' ballast water 
        operations issued in July 1996.
          [(5)] (6) Report.--Not later than 3 years after the 
        date of enactment of the National Invasive Species Act 
        of 1996, the Secretary of the Interior and the 
        Secretary of Commerce shall prepare and submit a report 
        to the Congress on the demonstration program conducted 
        pursuant to this section. The report shall include 
        findings and recommendations of the Secretary of the 
        Interior and the Secretary of Commerce concerning 
        technologies and practices.

           *       *       *       *       *       *       *

  (d) Criteria.--When issuing grants under this section, the 
National Oceanic and Atmospheric Administration shall give 
preference to those technologies that will likely meet the 
criteria laid out in any testing protocol developed by the 
Environmental Protection Agency Office of Research and 
Development's Environmental Technology Verification Program.
  (e) Workshop.--The National Oceanic and Atmospheric 
Administration shall hold an annual workshop of principal 
investigators funded under this section and researchers 
conducting research directly related to ship pathway technology 
development, for information exchange, and shall make the 
proceedings widely available to the public.

           *       *       *       *       *       *       *


              Subtitle D--Authorizations of Appropriation

SEC. 1301. AUTHORIZATIONS.

  (a)  * * *

           *       *       *       *       *       *       *

  (e) Ballast Water Management Demonstration 
Program.--There are authorized to be appropriated [$2,500,000] 
$7,500,000 for each of the fiscal years 2004 through 2008 to 
carry out section 1104.

           *       *       *       *       *       *       *


                     XIX. Committee Recommendations

    On June 4, 2003 a quorum being present, the Committee on 
Science favorably reported the Aquatic Invasive Species 
Research Act, by a voice vote, and recommended its enactment.


   XX. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENVIRONMENT, 
   TECHNOLOGY, AND STANDARDS ON H.R. 1081, AQUATIC INVASIVE SPECIES 
                              RESEARCH ACT

                              ----------                              


                        THURSDAY, MARCH 13, 2003

              House of Representatives,    
   Subcommittee on Environment, Technology,
                                     and Standards,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:11 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Vernon J. 
Ehlers [Chairman of the Subcommittee] presiding.
    Mr. Ehlers. Good morning. I would like to call the 
Subcommittee to order. I apologize for the delay in starting, 
but because this is a markup, we need a sufficient number of 
Members here for that. And also, I was delayed in a meeting 
with the Director, Office of Management and Budget, as were a 
few other Members here.
    Pursuant to notice, the Subcommittee on Environment, 
Technology and Standards is meeting today to consider the 
following measure: H.R. 1081, the Aquatic Invasive Species 
Research Act. I ask unanimous consent for the authority to 
recess the Subcommittee at any point, and without objection, so 
ordered.
    I will begin with my opening remarks. And before we turn to 
our new Ranking Member, whom I will welcome in the hearing 
portion of this meeting, welcome to the first meeting of the 
Environment, Technology, and Standards Subcommittee. We are off 
to a fast start in this Congress, as we will be reviewing two 
important matters today. The first item of business is marking 
up legislation I authored with Congressman Gilcrest and Baird 
to further research on aquatic invasive species. After the 
markup, we will hold the hearing reviewing research on harmful 
algal blooms and hypoxia.
    And I just wanted to mention, I just mentioned to 
Congressman Gilcrest, as a co-sponsor of this, that I would 
like to inform everyone with some sad news that Congressman 
Gilcrest's father passed away two days ago, and he will not be 
able to be present here. And on behalf of the Subcommittee, and 
I am sure the full Committee, we want to extend to him and his 
family our deepest sympathies for that tragedy.
    Before we begin the markup, let me take care of a few 
housekeeping items. I want to congratulate Congressman Udall 
for taking over the reins as the Ranking Minority Member of the 
Subcommittee. In the last Congress, I worked very closely with 
your predecessor, and I look forward to having an equally 
close, if not more close, working relationship with you. It is 
good to have a Ranking Member I can look up to in several ways, 
and I look forward to a fruitful relationship with you, Mr. 
Udall.
    I also want to welcome all of the Members who have joined 
us on this Subcommittee and let you know my door and my ears 
are always open for ideas or suggestions that you have about 
what issues this Subcommittee should be reviewing. I would 
parenthetically insert here that we hope to also include some 
travel this year in investigating various problems, and any 
suggestions anyone has on that, please pass them on to me or on 
to the Chief of Staff of this Subcommittee, Eric Webster.
    Now let us move on to the markup of the Aquatic Invasive 
Species Research Act. Any of you who were on this Subcommittee 
last year know that dealing with the threat posed by invasive 
species has always been a top priority of mine. Last Congress, 
we held three hearings dealing with this topic, all of which 
helped in the development of the legislation before us today.
    Invasive species are a tremendous threat to our economy and 
environment. Researchers at Cornell University estimate that 
the total economic cost of invasive species to Americans is 
$137 billion, with a B, annually. Beyond economic impacts, 
invasive species cause ecological costs that are even more 
difficult to quantify. In fact, invasive species now are second 
only to habitat loss as threats to endangered species.
    While there are many federal programs focused on addressing 
the threat of aquatic invasive species, the introduction of 
invasive species into U.S. waters is accelerating. Many of the 
failures of these programs are due to inadequate research, 
particularly on the means to prevent invasive species from 
being introduced in the first place. This point was clearly 
articulated to this Subcommittee last Congress by Dr. David 
Lodge, a professor at the University of Notre Dame, who found 
that we only spend about $27 million a year on aquatic invasive 
species research programs, only 22 percent of which is spent on 
prevention research. This is a very tiny fraction of the amount 
we spend annually to deal with species that have already 
invaded the United States.
    The legislation before us corrects this fundamental problem 
by authorizing new research programs so that Federal, State, 
and local agencies can better understand how invasive species 
are coming into the United States and improve ways of dealing 
with them once they take hold in our environment.
    There are four main programs authorized by this 
legislation. The first is a comprehensive, ecological and 
pathway research program run by the National Oceanic and 
Atmospheric Administration, the United States Geological 
Survey, and the Smithsonian Environmental Research Center so 
that policy makers will be able to assess how these species get 
into our waterways and whether or not management decisions are 
helping to reduce invasions. The second is a development, 
demonstration and verification program run by the Environmental 
Protection Agency to develop environmentally sound technologies 
to control and eradicate invasive species so that Federal, 
State and local managers will have more tools to combat 
invasive species. The third is a research program to support 
the Coast Guard's efforts to reduce the threat that ships pose 
for the introduction of new species into U.S. waters. These 
efforts will spur the development of technology to prevent 
invasive species from entering U.S. waters. The final program 
is a grant program within the National Science Foundation to 
support academic research in systematics and taxonomy so that 
we will maintain U.S. expertise in these areas and enhance our 
ability to identify invaders once they arrive.
    It is time to change our strategy in dealing with aquatic 
invasive species. It is time for Congress to realize that this 
threat continues to grow and will not go away unless we act. 
Finally, the time has come for us to move this legislation 
forward. Invasive species don't respect political boundaries or 
timelines, and they are arriving here even as we speak today.
    I urge all of my colleagues to support this bill, and I 
look forward to their input during this markup. Let me also add 
that in addition to this bill, Congressman Gilcrest has 
sponsored, and I have worked with him as a co-sponsor of the 
bill, to reauthorize the current invasive species activities of 
the Federal Government and, in fact, improve them. We have been 
joined by Senator Collins and Senator Levin in introducing a 
bill that encompasses both of our bills. And we look forward to 
working with the Senate. We hope we will be able to transform 
these bills into law very quickly and that we will soon be able 
to attack the invasive species problem in a very direct, 
thoughtful, thoroughly researched manner.
    I am now pleased to recognize Mr. Udall, the brand new 
Ranking Minority Member of this Subcommittee, for his opening 
statement. Mr. Udall.
    [The prepared statement of Mr. Ehlers follows:]
            Prepared Statement of Chairman Vernon J. Ehlers
    Good Morning! Welcome to the first meeting of the Environment, 
Technology and Standards Subcommittee. We are off to a fast start this 
Congress, as we will be reviewing two important matters today. The 
first item of business is marking up legislation I authored with 
Congressmen Gilchrest and Baird to further research on aquatic invasive 
species. After the markup, we will hold a hearing reviewing research on 
harmful algal blooms and hypoxia.
    Before we begin the markup, let me take care of a few housekeeping 
items. I want to congratulate Congressman Udall for taking over the 
reigns as the Ranking Minority Member of the Subcommittee. Last 
Congress, I worked very closely with your predecessor, Mr. Barcia, and 
I look forward to having an equally close working relationship with 
you. I also want to welcome all the Members who have joined us on this 
subcommittee, and let you know that my door is always open for ideas or 
suggestions you have about what issues this subcommittee should be 
reviewing.
    Last Congress, this subcommittee was very busy. We focused our 
energy, in a bipartisan manner, on issues upon which the American 
public demanded action and on which we could make a difference. As a 
result, we passed important legislation dealing with--to name just a 
few items--cyber security, research on voting standards and equipment, 
reforms to the Sea Grant Program, improving manufacturer's supply 
chains, improving the flood warning system, and improving science at 
the Environmental Protection Agency.
    I expect that we will be just as busy this Congress. We will review 
issues such as--again, just to name a few--legislation to reauthorize 
and improve the harmful algal bloom research program, legislation to 
reauthorize the transportation research and development programs 
created under the Transportation Equity Act for the 21st Century, 
climate change research, the laboratory programs at the National 
Institute of Standards and Technology (which I know is near and dear to 
Mr. Udall's heart), and science programs at the Environmental 
Protection Agency.
    Now let us move on to the markup of the Aquatic Invasive Species 
Research Act. Any of you who were on this subcommittee last year know 
that dealing with the threat posed by invasive species has always been 
a top priority of mine. Last Congress, we held three hearings dealing 
with this topic, all of which helped in the development of the 
legislation before us today.
    Invasive species are a tremendous threat to our economy and 
environment. Researchers at Cornell University estimate that the total 
economic cost of invasive species to Americans is $137 billion 
annually. In the Great Lakes basin alone, various entities have spent 
an estimated $3 billion over the past decade in cleaning water intake 
pipes, purchasing filtration equipment and other efforts to fight the 
zebra mussel infestation. Beyond economic impacts, invasive species 
cause ecological costs that are even more difficult to quantify. In 
fact, invasive species now are second only to habitat loss as threats 
to endangered species.
    While there are many federal programs focused on addressing the 
threat of aquatic invasive species, the introduction of invasive 
species into U.S. waters is accelerating. Many of the failures of these 
programs are due to inadequate research, particularly on how to prevent 
invasive species from being introduced in the first place. This point 
was clearly articulated to this subcommittee last Congress by Dr. David 
Lodge, a professor at the University of Notre Dame, who found that we 
only spend about $27 million a year on aquatic invasive species 
research programs, only 22 percent of which is spent on prevention 
research. This is a tiny fraction of the amount we spend annually to 
deal with species that have already ``invaded'' the U.S. The 
legislation before us corrects this fundamental problem by authorizing 
new research programs so that Federal, State and local agencies can 
better understand how invasive species are coming into the United 
States, and improve ways of dealing with them once they take hold in 
our environment.
    There are four main programs authorized by this legislation. The 
first is a comprehensive ecological and pathway research program, run 
by the National Oceanic and Atmospheric Administration, the United 
States Geological Survey and the Smithsonian Environmental Research 
Center, so that policy-makers will be able to assess how these species 
get into our waterways and whether or not management decisions are 
helping to reduce invasions. The second is a development, demonstration 
and verification program run by the Environmental Protection Agency to 
develop environmentally sound technologies to control and eradicate 
invasive species, so that Federal, State and local managers will have 
more tools to combat invasive species. The third is a research program 
to support the Coast Guard's efforts to reduce the threat that ships 
pose for the introduction of new species into U.S. waters. These 
efforts will spur the development of technology to prevent invasive 
species from entering U.S. waters. The final program is a grant program 
within the National Science Foundation to support academic research in 
systematics and taxonomy, so that we will maintain U.S. expertise in 
these areas and enhance our ability to identify invaders once they 
arrive.
    It is time to change our strategy in dealing with aquatic invasive 
species. It is time for Congress to realize that this threat continues 
to grow and will not go away unless we act. Finally the time has come 
for us to move this legislation forward--invasive species don't respect 
political boundaries or timelines, and they are arriving here even as 
we speak today. I urge all of my colleagues to support this bill and I 
look forward to their input during this markup.

    Mr. Udall. Thank you, Mr. Chairman. And I want you to know 
I appreciate your kind words. And let us set the record 
straight: I look up to you when it comes to matters of science, 
given your great background in the field. And I do look forward 
to some collaborative efforts in the future on behalf of the 
Subcommittee and on behalf of the Committee, and I wanted to 
thank you here today for the journey you made out to my 
hometown of Boulder last year for an important Congressional 
delegation trip. And I know we have talked about some future 
travels we can make together to look at the state of science, 
and particularly the Subcommittee portfolio around the country. 
I hope we don't have the same kind of experience we had when we 
traveled to Turkey late last year where our airplane had to 
make two or three return trips to Gander, Newfoundland because 
of fueling problems, but we survived that great journey 
together.
    I would tell the assembled audience that this Subcommittee 
has been one of the most productive in the Congress, and I 
anticipate it will be so in this Congress. We are pleased to--
on the Democratic side, to have been joined by two new Members 
of the Science Committee, Congressman Miller from North 
Carolina, who is obviously busy this morning, but I look 
forward to his productive involvement. And we are joined by 
Congressman Lincoln Davis of Tennessee, and I wanted to welcome 
both of them to the Subcommittee.
    As the Chairman mentioned, we have quite a great deal of 
business this morning within the House, so I want to be brief. 
The bill before us addresses an issue, as the Chairman 
mentioned, that affects every state in the Nation: invasive 
species. Regardless of the billions of dollars that are lost 
each year due to invasive species, research monitoring and 
eradication have been and continue to be under-funded. Today's 
bill is a step in the right direction in addressing the 
research elements of an aquatic invasive species program.
    Because Members on our side were just appointed last week, 
we have not had time to adequately circulate the bill among 
their constituencies. So therefore today we will not be 
offering any amendments, but I wanted to note that our Members 
may offer amendments at the full Committee markup, and I want 
to assure Chairman Ehlers that we will work with him and his 
staff as the bill moves forward.
    With that, I would like to yield, Mr. Chairman, the balance 
of my time to my good friend Mr. Baird, who is the co-sponsor 
of the bill.
    [The prepared statement of Mr. Udall follows:]
            Prepared Statement of Representative Mark Udall
    Mr. Chairman, I want to join you in welcoming everyone this 
morning. And I want to welcome all the new Members to the Committee. 
Since I've served on this subcommittee it has been one of the most 
productive in the Congress and I anticipate that it will be so again 
this Congress.
    I would like to introduce to introduce two new Members of the 
Science Committee--Brad Miller of North Carolina and Lincoln Davis of 
Tennessee.
    I know that Members have markups in other Committees this morning, 
so I will be brief. The bill before us this morning addresses an issue 
that affects every state in the Nation--invasive species. Regardless of 
the billions of dollars that are lost each year due to invasive 
species, research, monitoring and eradication have been and continue to 
be under-funded. Today's bill is a step in the right direction in 
addressing the research elements of an aquatic invasive species 
program.
    Because Democratic Members were just appointed last week, our 
Members have not had the time to circulate the bill among their 
constituencies. Today, we will not be offering any amendments, but I 
want to make clear that our Members may offer amendments at the Full 
Committee markup. I want to assure Chairman Ehlers that we will work 
with him and his staff as the bill moves forward.
    And now I would like to yield the balance of my time to my good 
friend Mr. Baird who is a co-sponsor of this bill.

    Mr. Baird. I thank my colleague and friend, Mr. Udall, and 
our good Chairman, Mr. Ehlers, for his long-standing interest 
in this. As I often say on this topic, it is easy as an elected 
official or politician to work on legislation that has large 
financial interests backing it or great, huge constituencies 
back home. But invasive species are the kind of quiet menace, 
which as the Chairman correctly pointed out, cost our nation 
$120 billion a year, $137 billion a year, but people don't even 
know about it until the problem arises. What Mr. Ehlers's bill 
does, and the other bills we have been working on in this 
committee, are basically two things. They try to address the 
existing problems in invasive species, and they try to prevent 
new problems from arising by keeping new invasive species from 
arriving. This is a benefit in two ways. Exactly as the Chair 
and the Ranking Member pointed out, it helps protect our 
environment, and it helps protect our economy.
    In my home state, we have a magnificent estuary called the 
Willapa Bay, which has been infested with spartina grass, and 
if we don't control that, we are going to soon have the Willapa 
Prairie instead of the Willapa Bay. And that is a central area 
for migrating bird habitat, salmon, oyster growing, and crab 
fishing. It is an absolutely fundamental, critical ecosystem to 
the Pacific Northwest. And this spartina grass, which I 
understand is not a problem here on the East Coast, but on the 
West Coast, it is a heck of a problem, is just really 
threatening a huge economic loss and an environmental 
devastation. We are trying to prevent one of Mr. Ehlers's good 
friends, the zebra mussel, from coming into our region and, 
because he knows well and I know well that the challenge this 
has wreaked on the Great Lakes Region and the Mississippi 
Basin, etcetera, we have just got to stop these organisms from 
coming in to begin with. And once they do get in, we must 
identify them quickly and eradicate them quickly, because most 
of these critters and plants have the potential to multiply 
exponentially.
    So I commend the Chair and the Ranking Member and thank 
them for the opportunity to work on this, and I yield back my 
time.
    Mr. Ehlers. I thank both gentlemen for their comments. And 
if we could only train zebra mussels to eat spartina grass, we 
would both be in good shape.
    Without objection, all other Members may place opening 
statements in the record.
    I will make one brief exception for Senator--pardon me, 
Congressman Smith, Chair of the Research Committee, for a brief 
opening statement.
    Mr. Smith. I don't know if this is going to work, Mr. 
Chairman, without a Ranking Member from Michigan, but----
    Mr. Ehlers. Yes.
    Mr. Smith.--I am also delighted to be a co-sponsor of the 
bill. Of course Michigan with the zebra mussels, not aquatic, 
but the emerald ash boar from Asia just came in in some crates, 
so invasive species are something that need to be considered 
and evaluated.
    And I need to leave in about 60 seconds, so thank you for 
the time.
    [The prepared statement of Mr. Smith follows:]

            Prepared Statement of Representative Nick Smith

    I am happy to be a co-sponsor of H.R. 1081, the Aquatic Invasive 
Species Research Act. This legislation is critically important for the 
environment and the economy.
    Invasive aquatic species (IAS) inflict billions of dollars worth of 
damage every year. Foreign to the area that they inhabit, IAS disrupt 
the ecosystem leading to far reaching and often unexpected 
consequences. In the State of Michigan, zebra mussels native to Europe 
infest intake and discharge pipes from facilities that use Great Lakes 
water, requiring costly maintenance.
    My district has been directly by a different type of invasive 
species. The Emerald Ash Borer, native to Asia, was discovered 
ravishing ash trees in southeast Michigan last summer. So far it has 
infested about 5.5 million trees and is expected to spread. Whether 
aquatic or not, these unwanted guests take a considerable toll on 
society. I feel that it is important that we all continue to work to 
control and eradicate all forms of harmful invasive species.
    This legislation will provide the funding and coordination 
necessary to allow us to begin fighting IAS comprehensively. For the 
first time, we will be able to determine the exact routes that IAS take 
to get here so that new infestations can be prevented. H.R. 1081 will 
lead to the development of new, environmentally friendly methods for 
exterminating IAS. It will also establish a research project to come up 
with standards to eliminate the risk of ships transporting new species 
into our waters. And finally, a new grant program within the National 
Science Foundation will be funded to support academic research to make 
us better able to identify IAS after they arrive. I urge my colleagues 
to support H.R. 1081.
    And I want to thank Chairman Ehlers for holding the additional 
hearing today to look for ways to combat the threat of harmful algal 
blooms (HAB) and hypoxia.
    Protecting our water resources is particularly important to the 
people in my home state of Michigan. Michigan relies on the Great 
Lakes, as well as an abundance of inland lakes, rivers and streams for 
economic, agricultural, scientific and leisure purposes. HABs threaten 
this resource by damaging fisheries, closing beaches, and disrupting 
the ecosystem.
    HABs are increasingly becoming a problem in the Great Lakes. 
However, research on freshwater HABs has fallen behind similar efforts 
targeting marine HABs. This committee should take into account the 
unique circumstances and consequences posed by each form of HAB, and 
support legislation that does the same.
    One of the main problems that we face in fighting HABs is that it 
is still unclear what has triggered their increased rate of incidence. 
There is anecdotal evidence that aquatic invasive species (AIS) are 
contributing to this unfortunate trend. Earlier today, this committee 
approved legislation that would address the threats posed by AIS and I 
hope that similar attention will be paid to the problem of HABs.

    Mr. Ehlers. Thank you. And we hope we may finish this 
before you leave. There are no amendments that have been 
offered, to the best of my knowledge. I am sorry. We will now 
consider H.R. 1081, the Aquatic Invasive Species Research Act.
    [H.R. 1081 follows:]
108th CONGRESS
    1st Session

                                H. R. 1081

To establish marine and freshwater research, development, and 
    demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
    stakeholders and restore ecosystems.
                               __________
                    IN THE HOUSE OF REPRESENTATIVES
                             March 5, 2003
Mr. Ehlers (for himself, Mr. Gilchrest, Mr. Baird, Mr. Hoekstra, Mr. 
    Ortiz, Mrs. Biggert, Mr. Kirk, Mr. Kildee, Mr. Camp, Mr. McHugh, 
    Mr. Emanuel, Ms. Slaughter, Mr. Rogers of Michigan, Mr. English, 
    Mr. Farr, Mr. Cummings, Mr. Levin, Mr. Stupak, Mr. Scott of 
    Virginia, Mr. Abercrombie, Mr. Quinn, Mr. Smith of Washington, Mr. 
    George Miller of California, Mrs. Maloney, Mr. Dingell, Ms. Kaptur, 
    Ms. Lee, Mr. Saxton, Mr. Dicks, Ms. Bordallo, Mr. Visclosky, Mr. 
    Walsh, Mr. Upton, Mr. Gillmor, Mr. Smith of Michigan, Mr. Case, Mr. 
    Boehlert, Mr. Brown of Ohio, Mr. Greenwood, Mr. Pallone, Mr. 
    Markey, Mr. Delahunt, Mr. Cardin, Mr. Allen, Mrs. Miller of 
    Michigan, Mr. Blumenauer, Mr. Inslee, Mr. Houghton, Ms. McCollum, 
    Mr. McGovern, Mr. McCotter, Ms. Baldwin, Mr. Leach, Mr. McDermott, 
    Mr. Neal of Massachusetts, Mr. Knollenberg, Mr. Towns, Mr. Honda, 
    Mr. Lipinski, Mr. Weiner, Mr. Kind, Mr. Evans, Ms. Lofgren, Mr. 
    Johnson of Illinois, Mr. Kleczka, Mr. Simmons, Mr. Faleomavaega, 
    and Mr. LaTourette) introduced the following bill; which was 
    referred to the Committee on Science, and in addition to the 
    Committees on Transportation and Infrastructure, Resources, and 
    House Administration, for a period to be subsequently determined by 
    the Speaker, in each case for consideration of such provisions as 
    fall within the jurisdiction of the committee concerned
                               __________

                                 A BILL

To establish marine and freshwater research, development, and 
    demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
    stakeholders and restore ecosystems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aquatic Invasive Species Research 
Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health.
            (2) The direct and indirect costs of aquatic invasive 
        species to our Nation's economy number in the billions of 
        dollars per year. In the Great Lakes region, approximately 
        $3,000,000,000 dollars have been spent in the past 10 years to 
        mitigate the damage caused by one invasive species, the zebra 
        mussel.
            (3) Recent studies have shown that, in addition to economic 
        damage, invasive species cause enormous environmental damage, 
        and have cited invasive species as the second leading threat to 
        endangered species.
            (4) Over the past 200 years, the rate of detected marine 
        and freshwater invasions in North America has increased 
        exponentially.
            (5) The rate of invasions continues to grow each year.
            (6) Marine and freshwater research underlies every aspect 
        of detecting, preventing, controlling, and eradicating invasive 
        species, educating citizens and stakeholders, and restoring 
        ecosystems.
            (7) Current Federal efforts, including research efforts, 
        have focused primarily on controlling established invasive 
        species, which is both costly and often unsuccessful. An 
        emphasis on research, development, and demonstration to support 
        efforts to prevent invasive species or eradicate them upon 
        entry into United States waters would likely result in a more 
        cost-effective and successful approach to combating invasive 
        species through preventing initial introduction.
            (8) Research, development, and demonstration to support 
        prevention and eradication includes monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species, and development and testing of technologies 
        to prevent introduction through known pathways.
            (9) Therefore, Congress finds that it is in the United 
        States interest to conduct a comprehensive and thorough 
        research, development, and demonstration program on aquatic 
        invasive species in order to better understand how aquatic 
        invasive species are introduced and become established and to 
        support efforts to prevent the introduction and establishment 
        of, and to eradicate, these species.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering agencies.--The term ``administering 
        agencies'' means----
                    (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                    (B) the Smithsonian Environmental Research Center; 
                and
                    (C) the United States Geological Survey.
            (2) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters and wetlands) located in the United States.
            (3) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            (4) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
            (5) Invasive species.--The term ``invasive species'' means 
        a species----
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (6) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note).
            (7) Pathway.--The term ``pathway'' means 1 or more routes 
        by which an invasive species is transferred from one ecosystem 
        to another.
            (8) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
            (9) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
            (10) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law for a 
        particular application.

SEC. 4. CONSULTATION AND COOPERATION.

    (a) Memorandum of Understanding.--The administering agencies shall 
enter into a memorandum of understanding regarding implementation of 
this Act.
    (b) Consultation.--In carrying out this Act, the administering 
agencies shall consult with----
            (1) the Task Force and Invasive Species Council;
            (2) the Environmental Protection Agency; and
            (3) other appropriate Federal and State agencies.
    (c) Cooperation.--In carrying out this Act, the administering 
agencies shall contract, as appropriate, or otherwise cooperate with 
academic researchers.

SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH.

    (a) In General.--The administering agencies shall develop and 
conduct a marine and fresh-water research program which shall include 
ecological and pathway surveys and experimentation to detect nonnative 
aquatic species in aquatic ecosystems and to assess rates and patterns 
of introductions of nonnative aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program shall be to 
support efforts to prevent the introduction of, detect, and eradicate 
invasive species through informing early detection and rapid response 
efforts, informing relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the introduction and 
spread of aquatic invasive species. Surveys and experiments under this 
subsection shall be commenced not later than 18 months after the date 
of the enactment of this Act.
    (b) Protocol Development.--The administering agencies shall 
establish standardized protocols for conducting ecological and pathway 
surveys of nonnative aquatic species that are integrated and produce 
comparable data, and shall recommend a standardized approach for 
classifying species. For ecological surveys, two protocols shall be 
developed, one to support early detection surveys that may be conducted 
by Federal, State, or local agencies involved in the management of 
invasive species, and a second protocol to support the surveys 
conducted under subsection (a). Protocols shall, as practicable, be 
integrated with existing protocols and data collection methods. Upon 
the development of protocols to support early detection surveys, the 
Task Force shall make appropriate efforts to disseminate the protocols 
to appropriate Federal, State, and local entities. In developing the 
protocols under this subsection, the administering agencies shall draw 
on the recommendations gathered at the workshop under subsection (g). 
The protocols shall be peer reviewed, and revised as necessary. 
Protocols shall be completed within 1 year after the date of the 
enactment of this Act.
    (c) Ecological and Pathway Survey Requirements.--(1) Each 
ecological survey conducted under subsection (a) shall, at a minimum--
--
            (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, nonnative species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
            (B) for nonnative species, gather information to assist in 
        identifying their life history, environmental requirements and 
        tolerances, the historic range of their native ecosystems, and 
        their history of spreading from their native ecosystems;
            (C) track the establishment of nonnative species including 
        information about the estimated population of nonnative 
        organisms in order to allow an analysis of the probable date of 
        introduction of the species; and
            (D) identify the likely pathway of entry of nonnative 
        species.
    (2) Each pathway survey conducted under this section shall, at a 
minimum----
            (A) identify what nonnative aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
            (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
            (C) determine the practices that contributed to or could 
        contribute to the introduction of nonnative aquatic species 
        through the pathway under consideration.
    (d) Number and Location of Survey Sites.--The administering 
agencies shall designate the number and location of survey sites 
necessary to carry out marine and freshwater research required under 
this section. In establishing sites under this subsection or subsection 
(e), emphasis shall be on the geographic diversity of sites, as well as 
the diversity of the human uses and biological characteristics of 
sites.
    (e) Competitive Grant Program.--The administering agencies (acting 
through the National Oceanic and Atmospheric Administration) shall 
administer a program to award grants to academic institutions, State 
agencies, and other appropriate groups, in order to assist in carrying 
out subsections (b) and (h). This program shall be competitive, peer-
reviewed, and merit-based.
    (f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) examine other potential modes for 
                        the introduction of nonnative aquatic species 
                        by ship, including hull fouling.''.
    (g) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), the 
administering agencies shall convene a workshop with appropriate 
researchers from Federal and State agencies and academic institutions 
to gather recommendations. The administering agencies shall make the 
results of the workshop widely available to the public. The workshop 
shall be held within 120 days after the date of the enactment of this 
Act.
    (h) Experimentation.--The administering agencies shall conduct 
laboratory and field-based marine and freshwater research experiments 
on a range of taxonomic groups to identify the relationship between the 
introduction and establishment of nonnative aquatic species, including 
those legally introduced, and the circumstances necessary for those 
species to survive and thrive.
    (i) National Pathway and Ecological Surveys Database.----
            (1) In general.--The United States Geological Survey shall 
        develop, maintain, and update, in consultation and cooperation 
        with the Smithsonian Environmental Research Center, the 
        National Oceanic and Atmospheric Administration, and the Task 
        Force, a central, national database of information concerning 
        information collected under this section.
            (2) Requirements.--The database shall----
                    (A) be widely available to the public;
                    (B) be updated not less than once a quarter;
                    (C) be coordinated with existing databases 
                collecting similar information; and
                    (D) be, to the maximum extent practicable, 
                formatted such that the data is useful for both 
                researchers and Federal and State employees managing 
                relevant invasive species programs.

SEC. 6. ANALYSIS.

    (a) Invasion Analysis.----
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every year thereafter, the 
        administering agencies shall analyze data collected under 
        section 5 and other relevant research on the rates and patterns 
        of invasions by aquatic invasive species in waters of the 
        United States. The purpose of this analysis shall be to use the 
        data collected under section 5 and other relevant research to 
        support efforts to prevent the introduction of, detect, and 
        eradicate invasive species through informing early detection 
        and rapid response efforts, informing relevant policy 
        decisions, and assessing the effectiveness of implemented 
        policies to prevent the introduction and spread of invasive 
        species.
            (2) Contents.--The analysis required under paragraph (1) 
        shall include with respect to aquatic invasive species----
                    (A) an analysis of pathways, including----
                            (i) identifying, and characterizing as 
                        high, medium, or low risk, pathways regionally 
                        and nationally;
                            (ii) identifying new and expanding 
                        pathways;
                            (iii) identifying handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            (iv) assessing the risk that species 
                        legally introduced into the United States pose 
                        for introduction into aquatic ecosystems;
                    (B) patterns and rates of invasion and 
                susceptibility to invasion of various bodies of water;
                    (C) how the risk of establishment through a pathway 
                is related to the identity and number of organisms 
                transported;
                    (D) rates of spread and numbers and types of 
                pathways of spread of new populations of the aquatic 
                invasive species and an estimation of the potential 
                spread and distribution of newly introduced invasive 
                species based on their environmental requirements and 
                historical distribution;
                    (E) documentation of factors that influence an 
                ecosystem's vulnerability to a nonnative aquatic 
                species becoming invasive;
                    (F) a description of the potential for, and impacts 
                of, pathway management programs on invasion rates;
                    (G) recommendations for improvements in the 
                effectiveness of pathway management;
                    (H) to the extent practical, a determination of the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce the risk of 
                establishment to receiving aquatic ecosystems to an 
                acceptable level; and
                    (I) an evaluation of the effectiveness of 
                management actions (including any standard) at reducing 
                species introductions and establishment.
    (c) Research To Assess the Potential of the Establishment of 
Introduced Species.--Within 2 years after the date of the enactment of 
this Act, the administering agencies shall develop a profile, based on 
the general characteristics of invasive species and vulnerable 
ecosystems, in order to predict, to the extent practical, whether a 
species planned for importation is likely to invade a particular 
aquatic ecosystem if introduced. In developing the profile, the above 
agencies shall analyze the research conducted under section 5, and 
other research as necessary, to determine general species and ecosystem 
characteristics (taking into account the opportunity for introduction 
into any ecosystem) and circumstances that can lead to establishment. 
Based on the profile, the Task Force shall make recommendations to the 
Invasive Species Council as to what planned importations of nonnative 
aquatic organisms should be restricted. This profile shall be peer-
reviewed.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section and section 5 of this Act, 
and section 1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal 
years 2004 through 2008----
            (1) $4,000,000 for the Smithsonian Environmental Research 
        Center;
            (2) $4,500,000 for the United States Geological Survey, of 
        which $500,000 shall be for developing, maintaining, and 
        updating the database under section 5(i); and
            (3) $17,000,000 for the National Oceanic and Atmospheric 
        Administration, of which $13,000,000 shall be for the grant 
        program under section 5(e).

SEC. 7. DISSEMINATION.

    (a) In General.--The Invasive Species Council, in coordination with 
the Task Force and the administering agencies, shall be responsible for 
disseminating the information collected under this Act to Federal, 
State, and local entities, including relevant policymakers, and private 
researchers with responsibility over or interest in aquatic invasive 
species.
    (b) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Invasive Species Council shall report 
actions and findings under section 6 to the Congress, and shall update 
this report once every 3 years thereafter, or more often as necessary.
    (c) Response Strategy.--The Invasive Species Council, in 
coordination with the Task Force, the administering agencies, and other 
appropriate Federal and State agencies, shall develop and implement a 
national strategy for how information collected under this Act will be 
shared with Federal, State, and local entities with responsibility for 
determining response to the introduction of potentially harmful 
nonnative aquatic species, to enable those entities to better and more 
rapidly respond to such introductions.
    (d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force and the administering agencies, shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) on how their 
practices could be modified to prevent the intentional or unintentional 
introduction of nonnative aquatic species into aquatic ecosystems.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2004 through 2008 $500,000 
for the Invasive Species Council for carrying out this section.

SEC. 8. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.

    (a) Environmentally Sound Technology Development, Demonstration, 
and Verification.----
            (1) Grant program.--Not later than 1 year after the date of 
        the enactment of this Act, the Environmental Protection Agency, 
        acting through the Office of Research and Development, in 
        consultation with the Army Corps of Engineers and the 
        administering agencies, shall develop and begin administering a 
        grant program to fund research, development, demonstration, and 
        verification of environmentally sound cost-effective 
        technologies and methods to control and eradicate aquatic 
        invasive species.
            (2) Purposes.--Proposals funded under this subsection 
        shall----
                    (A) seek to support Federal, State, or local 
                officials' ongoing efforts to control and eradicate 
                aquatic invasive species in an environmentally sound 
                manner;
                    (B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    (C) provide for demonstration or dissemination of 
                the technology or method to potential end-users; and
                    (D) verify that any technology or method meets any 
                appropriate criteria developed for effectiveness and 
                environmental soundness by the Environmental Protection 
                Agency.
            (3) Preference.--The Administrator of the Environmental 
        Protection Agency shall give preference to proposals that will 
        likely meet any appropriate criteria developed for 
        environmental soundness by the Environmental Protection Agency.
            (4) Merit review.--Grants shall be awarded under this 
        subsection through a competitive, peer-reviewed, merit-based 
        process.
            (5) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall prepare and submit a report to Congress 
        on the program conducted under this subsection. The report 
        shall include findings and recommendations of the Administrator 
        with regard to technologies and methods.
    (b) Dispersal Barrier Research Program.--Not later than 1 year 
after the date of the enactment of this Act, the Assistant Secretary of 
the Army for the Corps of Engineers, in conjunction with the Fish and 
Wildlife Service and other appropriate Federal agencies and academic 
researchers, shall establish a research, development, and demonstration 
program to study environmentally sound methods and technologies to 
reduce dispersal of aquatic invasive species through interbasin 
waterways and assess the potential for using those methods and 
technologies in other waterways.
    (c) Ship Pathway Technology Demonstration.----
            (1) Reauthorization of program.--Section 1301(e) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000'' 
        and inserting ``$7,500,000 for each of the fiscal years 2004 
        through 2008''.
            (2) Expansion of program.--Section 1104(b) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714(b)) is amended----
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may also demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on ships other than through 
        ballast water.''.
            (3) Criteria and workshop.--Section 1104 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714) is amended by adding at the end the 
        following new subsections:
    ``(d) Criteria.--When issuing grants under this section, the 
National Oceanic and Atmospheric Administration shall give preference 
to those technologies that will likely meet the criteria laid out in 
any testing protocol developed by the Environmental Protection Agency 
Office of Research and Development's Environmental Technology 
Verification Program.
    ``(e) Workshop.--The National Oceanic and Atmospheric 
Administration shall hold an annual workshop of principal investigators 
funded under this section and researchers conducting research directly 
related to ship pathway technology development, for information 
exchange, and shall make the proceedings widely available to the 
public.''.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2004 through 2008----
            (1) $2,500,000 for the Environmental Protection Agency to 
        carry out subsection (a); and
            (2) $1,000,000 for the Army Corps of Engineers to carry out 
        subsection (b).

SEC. 9. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP 
                    PATHWAY STANDARDS.

    (a) Research Program.--The Coast Guard and the Environmental 
Protection Agency, in coordination with the National Oceanic and 
Atmospheric Administration, the Task Force, and other appropriate 
Federal agencies and academic researchers, shall develop a coordinated 
research program to support the promulgation and implementation of 
standards to prevent the introduction and spread of invasive species by 
ships that shall include----
            (1) characterizing physical, chemical, and biological 
        harbor conditions relevant to ballast discharge into United 
        States waters to inform the design and implementation of ship 
        vector control technologies and practices;
            (2) developing testing protocols for determining the 
        effectiveness of vector monitoring and control technologies and 
        practices;
            (3) researching and demonstrating methods for mitigating 
        the spread of invasive species by coastal voyages, including 
        exploring the effectiveness of alternative exchange zones in 
        the near coastal areas and other methods proposed to reduce 
        transfers of organisms;
            (4) verifying the practical effectiveness of any type 
        approval process to ensure that the process produces repeatable 
        and accurate assessments of treatment effectiveness; and
            (5) evaluating the effectiveness and residual risk and 
        environmental impacts associated with any standard set with 
        respect to the ship pathway through experimental research.
    (b) Performance Test.--Within 1 year after the date of the 
enactment of this Act, the Coast Guard, in conjunction with the 
National Institute of Standards and Technology and the Maritime 
Administration, shall design a performance test for ballast water 
exchange such as a dye study to measure the effectiveness of ballast 
water exchange.
    (c) National Academy Study.--The Secretary of the Department in 
which the Coast Guard is operating shall enter into an arrangement with 
the National Academy of Sciences under which the Academy shall----
            (1) identify the relative risk of transfer of various 
        taxonomic groups by different ship modes;
            (2) assess the extent to which a ballast water standard 
        that virtually eliminates the risk of introduction of invasive 
        species by ballast water may relate to the risk of 
        introductions by all ship modes, and explain the degree of 
        uncertainty in such assessment; and
            (3) recommend methods for reducing organism transfers by 
        ships by addressing all parts and systems of ships and all 
        related modes of transport of invasive species, and identify 
        the research, development, and demonstration needed to improve 
        the information base to support such methods, including 
        economic information.
Not later than 2 years after the date of the enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
transmit to the Congress a report on the results of the study under 
this subsection.
    (d) Recommendations.--Not later than the later of 1 year after the 
date of submission of the report under subsection (c), or 3 years after 
the date of the enactment of this Act, the Task Force, in conjunction 
with the Environmental Protection Agency, the administering agencies, 
and other appropriate Federal and State agencies and academic 
researchers, shall submit to the Coast Guard a report that describes 
recommendations for----
            (1) a ship pathway treatment standard that incorporates all 
        potential modes of transfer by ships; and
            (2) methods for type approval and accurate monitoring of 
        treatment performance that are simple and streamlined and 
        follow established protocols.
    (e) Working Group.--Not later than 2 years after the issuance by 
the Coast Guard of any standard relating to the introduction by ships 
of invasive species, the Coast Guard shall convene a working group 
including the Environmental Protection Agency, the administering 
agencies, and other appropriate Federal and State agencies and academic 
researchers, to evaluate the effectiveness of that standard and 
accompanying implementation protocols. The duties of the working group 
shall, at a minimum, include----
            (1) reviewing the effectiveness of the standard in reducing 
        the establishment of invasive species in aquatic ecosystems, 
        taking into consideration the data collected under section 5; 
        and
            (2) developing recommendations to the Coast Guard for the 
        revision of such standard and type approval process to ensure 
        effectiveness in reducing introductions and accurate shipboard 
        monitoring of treatment performance that is simple and 
        streamlined, which shall be made widely available to the 
        public.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated----
            (1) for each of the fiscal years 2004 through 2008 
        $1,500,000 for the Coast Guard and $1,500,000 for Environmental 
        Protection Agency to carry out subsection (a);
            (2) for each of the fiscal years 2004 through 2006 $500,000 
        for the Coast Guard to carry out subsection (b); and
            (3) for fiscal year 2004 $500,000 for the Coast Guard to 
        carry out subsection (c), to remain available until expended.

SEC. 10. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    (a) In General.--The National Science Foundation shall establish a 
program to award grants to researchers at institutions of higher 
education and museums to carry out research programs in systematics and 
taxonomy.
    (b) Goals.--The goals of the program under this section are to----
            (1) encourage scientists to pursue careers in systematics 
        and taxonomy to ensure a continuing knowledge base in these 
        disciplines;
            (2) ensure that there will be adequate expertise in 
        systematics and taxonomy to support Federal, State, and local 
        needs to identify species;
            (3) develop this expertise throughout the United States 
        with an emphasis on regional diversity; and
            (4) draw on existing expertise in systematics and taxonomy 
        at institutions of higher education and museums to train the 
        next generation of systematists and taxonomists.
    (c) Criteria.--Grants shall be awarded under this section on a 
merit-reviewed competitive basis. Emphasis shall be placed on funding 
proposals in a diverse set of ecosystems and geographic locations, and, 
when applicable, integrated with the United States Long Term Ecological 
Research Network. Preference shall be given to proposals that will 
include student participation, and to institutions and museums that 
actively train students to become experts in taxonomy and systematics.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
section $2,500,000 each of the fiscal years 2004 through 2008.
                      Section-by-Section Analysis

            H.R. 1081, Aquatic Invasive Species Research Act

Section 1. Short Title

    This Act is named the ``Aquatic Invasive Species Research Act.''

Section 2. Findings

    The legislation establishes several findings in support of the 
legislation, and finds that aquatic invasive species pose significant 
direct and indirect costs to the U.S. economy and environment, and that 
more research is needed to better direct Federal efforts toward 
effectively preventing the introduction of invasive species.

Section 3. Definitions

    The administering agencies of the Act are defined as the National 
Oceanic and Atmospheric Administration, the Smithsonian Environmental 
Research Center and the United States Geological Survey.
    The following additional terms are defined: aquatic ecosystem, 
ballast water, invasion, invasive species, invasive species council, 
pathway, species, task force, and type approval.

Section 4. Consultation and Cooperation

    The administering agencies shall enter into a memorandum of 
agreement regarding implementation of this Act. In carrying out the 
Act, they shall consult with the Task Force, the Invasive Species 
Council, the Environmental Protection Agency and other appropriate 
State and Federal agencies, and shall cooperate with academic 
researchers.

Section 5. Ecological and Pathway Research

    The administering agencies shall conduct surveys of ecosystems and 
of pathways (such as ships' ballast water) by which invasive species 
enter U.S. waters in order to track the introduction of invasive 
species. They shall also conduct experiments to understand the 
relationship between the conditions under which an invasive species is 
introduced and the likelihood that it will become established, and 
maintain a database of all of the information gathered under this 
section. Ecosystem surveys will review the patterns and rates of 
invasion at the site, track the establishment of species in ecosystems, 
monitor the circumstances accompanying that establishment, and document 
factors that may influence an ecosystem's vulnerability to invasion. 
Pathway surveys will identify the species being introduced through a 
given pathway, the quantity being introduced, and handling practices 
that contribute to the introduction. In carrying out this program the 
administering agencies will develop standardized protocols for carrying 
out the surveys and will coordinate their efforts to establish long-
term survey sites to collect strong baseline information. A grant 
program is established to fund academic researchers and state agencies 
to carry out the surveys at diverse sites distributed geographically 
around the country.

Section 6. Analysis

    The administering agencies shall analyze the survey and 
experimental results collected under Section 5. Specifically, they 
will, among other things, identify the highest risk pathways, identify 
handling practices within pathways that contribute to introductions, 
and evaluate how much effort is required in reducing introductions for 
various taxonomic groups to reduce the risk that they will become 
established. The agencies shall recommend and review pathway management 
programs to reduce introductions of invasive species. A profile, based 
on information about species characteristics, ecosystem characteristics 
and environmental circumstances that favor invasion, will be developed 
to predict, to the extent practical, whether a species planned for 
importation is likely to invade a particular ecosystem.
    Authorization of Appropriations--To carry out Sections 5 and 6 for 
FY04 through FY08, the National Oceanic and Atmospheric Administration 
is authorized $17 million ($13 million of which is for the grant 
program), the Smithsonian Environmental Research Center is authorized 
$4 million, and the United States Geological Survey is authorized $4.5 
million ($500,000 million of which is to administer the database).

Section 7. Dissemination

    The National Invasive Species Council shall disseminate the 
information developed under Section 6 to relevant audiences. This 
includes a report to Congress, a mechanism to provide survey findings 
to support rapid response efforts, and dissemination to users of the 
various pathways invasive species exploit of information regarding how 
their practices should be modified to prevent the introduction of non-
native species. The National Invasive Species Council is authorized for 
FY04 through FY08 $500,000 million per year.

Section 8. Technology Development and Demonstration

    The Act establishes and expands several programs to develop 
technologies to prevent, control and eradicate invasive species. These 
include (authorizations are for FY04 through FY08):

         LThe creation of an Environmental Protection Agency 
        grant program to fund research, development, demonstration and 
        verification of a suite of environmentally sound technologies 
        to control and eradicate invasive species. (authorized at $2.5 
        million per year)

         LThe creation of an Army Corps of Engineers dispersal 
        barrier research program. (authorized at $1 million per year)

         LThe expansion of the Ballast Water Technology 
        Demonstration Program to include the demonstration of 
        technologies to treat all ship pathways of introduction 
        (including hull fouling). (authorized at $7.5 million per year)

Section 9. Research to Support the Setting and Implementation of 
                    Standards

    The Act establishes a research program to support the setting, 
implementation and evaluation of standards for treatment of ship 
pathways of introduction. This includes:

         LThe creation of a Coast Guard and EPA research 
        program to conduct experiments and answer relevant policy 
        questions associated with standards and their implementation, 
        such as the identification of possible circumstances in which a 
        ship may encounter invasive species and in which a treatment 
        technology must be effective. (authorized at $1.5 million for 
        EPA and $1.5 million for Coast Guard for FY04 through FY08)

         LCoast Guard research to design a performance test for 
        ballast water exchange. (authorized at $500,000 million for 
        FY04 through FY06)

         LA study by the National Academy of Sciences to 
        develop recommendations for a standard. (authorized at $500,000 
        for FY04)

         LAn interagency working group to evaluate the 
        effectiveness of the standard and make recommendations for 
        revision.

Section 10. Research in Systematics and Taxonomy

    The National Science Foundation shall establish a competitive, 
peer-reviewed program to award grants to researchers at institutions of 
higher education and museums to carry out research in systematics and 
taxonomy. The program is authorized at $2.5 million for FY04 through 
FY08.

    Mr. Ehlers. I ask unanimous consent that the bill be 
considered as read and open to amendment at any point. Without 
objection, so ordered.
    Hearing no amendments being offered, we will--the question 
is on the bill, H.R. 1081. I am sorry. Mr. Gutknecht.
    Mr. Gutknecht. Mr. Chairman, I was considering offering an 
amendment, because we have had an awful lot of discussion about 
this between you and I and various committees. And I wonder if 
we shouldn't offer a line at the very end of the bill that 
simply says, ``And we really mean it,'' because it really has 
been difficult for me to see that some of the agencies that are 
involved in this have not been taking this as seriously as they 
really need to. And I don't know if it requires more oversight 
by this committee or other committees, but this is a very 
serious problem. I agree with you and the Ranking Member. And 
we have to do all we can. It seems to me--and passing this 
legislation is an important step. But it seems to me we have to 
be much more vigilant about this, because some of the answers 
that I have heard in talking to some of the folks in my state 
and others is that yes, they take it seriously. But they don't 
take it as seriously as I believe they should. And so I am not 
going to offer that amendment, but I do want to put that out 
for the record that we do take this seriously. And we hope that 
the agencies will respond accordingly, and that it is not 
enough just to control some of these invasive species. We would 
like to see plans to eliminate them.
    Mr. Ehlers. Will the gentleman yield?
    Mr. Gutknecht. I yield back.
    Mr. Ehlers. I am pleased to second your comment, and that 
is the intent of both of these bills. And the other bill, Mr. 
Gilcrest's bill, does make it clear there are specific 
requirements agencies have to meet. But I share your 
disappointment, particularly with the Coast Guard on the 
aquatic invasive species. They have had the responsibility for 
more than a decade now, and very little has transpired. We 
hope--and we have had meetings with them, and I would be 
delighted to have oversight meetings to impress on everyone 
involved that we mean it.
    The gentleman's time is expired. Hearing no amendments on 
the bill, the question is on the bill, H.R. 1081. All those in 
favor will say ``aye.'' All opposed will say ``no.'' In the 
opinion of the Chair, the ayes have it. And we will note the 
presence of a quorum.
    I know recognize Mr. Udall for a motion.
    Mr. Udall. Thank you, Mr. Chairman. Mr. Chairman, I would 
move that the Subcommittee favorably report the bill H.R. 1081 
to the full Committee with a recommendation that it be 
favorably reported to the House. Further, I ask unanimous 
consent that the staff be instructed to make all necessary 
technical and conforming changes to the bill in accordance with 
the recommendations of the Subcommittee.
    Mr. Ehlers. The Committee has heard the motion. Those in 
favor will say ``aye.'' Those opposed will say ``no.'' The ayes 
have it, and the motion is agreed to. Without objection, the 
motion to reconsider is laid upon the table.
    This concludes our Subcommittee markup, and I am very 
pleased that we can now move into the hearing portion of this 
assembly.
    [Whereupon, at 10:29 a.m., the Subcommittee proceeded to 
other business.]


  XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 1081, AQUATIC 
                     INVASIVE SPECIES RESEARCH ACT

                              ----------                              


                        WEDNESDAY, JUNE 4, 2003

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to other business, at 12:05 
p.m., in Room 2318 of the Rayburn House Office Building, Hon. 
Sherwood L. Boehlert (Chairman of the Committee) presiding.
    Chairman Boehlert. This is a markup on the Invasive Species 
Research Act of 2003. I ask unanimous consent for the authority 
to recess the Committee at any point. And without objection, it 
is so ordered. We will now consider the bill H.R. 1081. I will 
keep my remarks brief, and I would appreciate others doing the 
same.
    I want to congratulate Dr. Ehlers and all of the other 
Members of the Committee who worked on this important bill. I 
know that Chairman Ehlers and his staff have put in well over a 
year talking to every interested party and refining this bill. 
Mr. Gilchrest and Mr. Baird have been especially active. The 
hard work shows, and has resulted in an excellent bipartisan 
bill.
    All of us know the damage that is caused by invasive 
species, because we see it in our own Districts, and mine is no 
exception. This bill will, over time, enable us to prevent new 
invasive species from gaining a tow hold here, although perhaps 
that is the wrong terminology for aquatic creatures, and will 
enable us to do a better job of controlling or eradicating the 
pests that have already made their way to our shores. We will 
work closely with the other Committees of jurisdiction that 
have an interest and with the Senate. And I am hopeful that 
this bill can move either separately or as part of a larger 
invasive species legislation during this Congress.
    [The prepared statement of Chairman Boehlert follows:]
            Prepared Statement of Chairman Sherwood Boehlert
    I'll keep my remarks brief as we have worked out all the amendments 
to this bill, and we should have an expeditious markup.
    I just want to congratulate Dr. Ehlers and all the other Members of 
the Committee who worked on this important bill. I know that Chairman 
Ehlers and his staff have put in well over a year talking to every 
interested party and refining this bill. Mr. Gilchrest and Mr. Baird 
have been especially active. The hard work shows and has resulted in an 
excellent, bipartisan bill.
    All of us know the damage that is caused by invasive species 
because we see it in our own districts. Mine is no exception. This bill 
will, over time, enable us to prevent new invasive species from gaining 
a toehold here--although perhaps that's the wrong terminology for 
aquatic creatures--and will enable us to do a better job of controlling 
or eradicating the pests that have already made their way to our 
shores.
    We will work closely with the other committees of jurisdiction that 
have an interest in this matter, and with the Senate, and I am hopeful 
that this bill can move either separately, or as part of larger 
invasive species legislation, during this Congress.

    Chairman Boehlert. Mr. Hall.
    Mr. Hall. Mr. Chairman, I, too, will be brief, and I thank 
you. H.R. 1081 is going to help us find a lot of more 
economical and effective ways to prevent invasive species. And 
I have a copy of Texas Parks and Wildlife Newsstand with the 
then Governor George Bush operating a machine that harvested 
hydrilla, an exotic water plant that chokes a lot of lakes in 
Texas. It will be some help to that. And this tells me that 
when we pass this bill that the President will put some wet ink 
on it quickly.
    Thank you.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    I thank the Chairman for bringing this bill before the Committee 
today and for working with us on the amendments. H.R. 1081 will help us 
to find more economical and effective ways to prevent invasive species 
from being introduced to our lakes, rivers, and coastal areas and to 
eliminate and control those that are already established.
    In Texas, we have serious problems due to aquatic invasive plants 
such as hydrilla and water hyacinth in our reservoirs, rivers, and 
lakes. I expect each of us could produce a list of the 10 most unwanted 
organisms for our home states. I hope through these programs we will 
provide some help to the state and local agencies struggling to deal 
with the problems created by invasive species. I urge my colleagues to 
support the bill.

    Chairman Boehlert. Thank you very much. I now recognize Dr. 
Ehlers, the bill's sponsor, and the Chairman of the 
Environment, Technology, and Standards Subcommittee, for any 
opening remarks he may have.
    Mr. Ehlers. Thank you, Mr. Chairman. And thank you for 
bringing this timely and important legislation before the 
Committee, for even as we work on this legislation, invasive 
species are crossing our borders, invading our lands and 
waterways, and causing us enormous economic and environmental 
harm.
    I recognize the desire of the Committee and the Chairman to 
proceed rapidly, so I will summarize my statement and ask that 
the full statement be entered into the record.
    The basic problem this bill addresses is dealing with 
aquatic invasive species. And one of our biggest problems with 
that is we simply don't know what to do. The research has to be 
done first. It has to be done well so that we don't waste money 
by taking the wrong approach and finding out it doesn't work. 
So this bill provides arrangements, standards, and funding for 
conducting research on aquatic invasive species. Particularly, 
it will involve the U.S. Geological Survey, which has been very 
active in this. It will involve NOAA, which of course, has a 
responsibility for it. It will involve the Smithsonian 
Institution, which has been one of the leaders in studying 
invasives. And it also will tangentially involve the Coast 
Guard, which will have the authority to investigate ballast 
water problems. And finally, it will involve the National 
Science Foundation in establishing a grant program aimed at 
supporting the academic research in systematics and taxonomy, 
which is so badly needed.
    So it is a companion piece to the legislation by Mr. 
Gilchrest, also of this committee. His bill will go through the 
Resources Committee, first. And this one will join up with it 
at some point, or may be passed independently simply because 
the research part of it has to be done first before the other 
parts can be implemented.
    So I thank you, again, Mr. Chairman, for taking it up. And 
I urge the Committee to give an affirmative vote.
    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    Thank you for yielding, Mr. Chairman, and thank you for bringing 
this timely and important legislation before the Committee, for even as 
we work on this legislation, invasive species are crossing our borders, 
invading our lands and waterways, and causing us enormous economic and 
environmental harm. Many Members have heard about these invaders from 
press accounts of the voracious snakehead fish that invaded Maryland 
waterways last summer, or zebra mussels that have plagued the Great 
Lakes for over a decade, or specific invasive plants or animals that 
are affecting their districts. The overwhelming support this 
legislation has received, with 85 cosponsors, shows that Members and 
the public understand this growing threat.
    I'm pleased to bring this legislation before the Committee because 
it addresses this threat by providing a comprehensive research program 
focused on informing and improving the management of aquatic invasive 
species. For example, when regulatory agencies, in this case the Coast 
Guard, need to develop standards aimed at preventing invasive species 
from being introduced by ships, they must ask: What is the risk that 
invasive species in ballast water--or for that matter, on hulls and 
other parts of vessels--pose to our environment, and are the management 
decisions that we have already made working? This legislation sets up a 
research program to answer these and other difficult management 
questions. By developing this understanding, we can arrive at better 
decisions about how to prevent, control and eradicate invasive species.
    Now that I've given some sense of the bill's purpose, let me 
describe it in more detail. The first main component of the bill 
authorizes a comprehensive ecological and pathway research program, 
which will enable policy-makers to assess how these species get into 
our waterways and whether or not management decisions are helping 
reduce invasions.
    The next major piece authorizes the Environmental Protection Agency 
to begin a development, demonstration and verification program focused 
on giving Federal, State and local managers more environmentally sound 
tools to combat invasive species once they arrive.
    The next part authorizes a research program to support the Coast 
Guard's efforts to reduce the threat that ships pose for the 
introduction of new species into U.S. waters, efforts that will spur 
the development of technologies to prevent invasive species from 
entering U. S. waters.
    Finally, the last part authorizes the National Science Foundation 
to establish a grant program aimed at supporting academic research in 
systematics and taxonomy, so that we will maintain U.S. expertise in 
these areas and enhance our ability to identify invaders once they 
arrive.
    This legislation complements bills introduced by Mr. Gilchrest in 
the House and Mr. Levin in the Senate to reauthorize the National 
Invasive Species Act. Taken together, both my legislation and Mr. 
Gilchrest's represent an important step forward in our efforts to 
prevent invasive species from ever crossing our borders and to combat 
them once they arrive. We simply cannot afford to wait any longer to 
deal with this problem, and so I urge all of my colleagues to support 
this legislation.

    Chairman Boehlert. Thank you very much. And without 
objection, all Members may place opening statements in the 
record at this point in time.
    [The prepared statement of Mr. Calvert follows:]
            Prepared Statement of Representative Ken Calvert
    I appreciate the great efforts, of my dear friend and colleague 
from Michigan, Mr. Ehlers, to move H.R. 1081 forward. The eradication 
of non-native invasive species is extremely important in my district 
and throughout California. In my state a new pest is introduced every 
60 days and, as history has shown, many have become established and 
destructive to agriculture and native habitats. Non-native invasive 
species will continue to be introduced as international air transport, 
tourism, human immigration, and movement of infested agricultural 
products increase. While H.R. 1081 specifically addresses aquatic 
invasive species, it serves to highlight all invasive species problems 
that threaten billions of dollars in agricultural products and 
jeopardize our water resources. This legislation stresses early 
detection and coordinated scientific efforts which will have positive 
results in our communities to combat invasive species in watersheds, 
rivers, lakes, and coastal areas. I urge my colleagues to support this 
common sense legislation and with that I want to thank Mr. Ehlers again 
and thank you Mr. Chairman.

    [The prepared statement of Mr. Smith of Michigan follows:]
            Prepared Statement of Representative Nick Smith
    I want to thank Chairman Boehlert for holding this hearing today to 
vote on H.R. 1081, the Aquatic Invasive Species Research Act. I am a 
co-sponsor of this legislation because I believe that it is critically 
important for the environment and the economy.
    Invasive aquatic species (IAS) inflict billions of dollars worth of 
damage every year. Foreign to the area that they inhabit, IAS disrupt 
the ecosystem leading to far reaching and often unexpected 
consequences. In the State of Michigan, zebra mussels native to Europe 
infest intake and discharge pipes from facilities that use Great Lakes 
water, requiring costly maintenance.
    My district has been directly affected by a different type of 
invasive species. The Emerald Ash Borer, native to Asia, was discovered 
ravishing ash trees in southeast Michigan last summer. So far it has 
infested about 5.5 million trees and is expected to spread. Whether 
aquatic or not, these unwanted guests take a considerable toll on 
society. I feel that it is important that we all continue to work to 
control and eradicate all forms of harmful invasive species.
    This legislation will provide the funding and coordination 
necessary to allow us to begin fighting IAS comprehensively. For the 
first time, we will be able to determine the exact routes that IAS take 
to get here so that new infestations can be prevented. H.R. 1081 will 
lead to the development of new, environmentally friendly methods for 
exterminating IAS. It will also establish a research project to come up 
with standards to eliminate the risk of ships transporting new species 
into our waters. And finally, a new grant program within the National 
Science Foundation will be funded to support academic research to make 
us better able to identify IAS after they arrive. I urge my colleagues 
to support H.R. 1081.

    [The prepared statement of Mr. Costello follows:]
         Prepared Statement of Representative Jerry F. Costello
    Good morning. Thank you Chairman Boehlert and Chairman Ehlers for 
working with me to reach a compromise on my amendment to initiate a 
survey by the U.S. Geological Survey (USGS) in cooperation with the 
National Oceanic and Atmospheric Administration (NOAA) to gather 
information about the experience of state and federal agencies in 
eradicating and controlling invasive species.
    I look forward to further collaboration with you as this bill moves 
closer to consideration by the House. I hope we will be able to develop 
a provision that will move beyond planning to implementation of a data 
collection effort by USGS and NOAA.
    Resource managers in State and local agencies continue to struggle 
with an increasing list of invasive species, both aquatic and 
terrestrial. That is why it is crucial we establish a centralized 
database to determine what has and has not worked for control and 
eradication as applied in management setting. In my area, invasive 
species including Asian Carp and zebra mussels, have been invading our 
fresh water sources. The invasion of these species has been costly to 
our boaters and our ecosystems. Our state and local agencies would 
benefit from a national database that included information about the 
effectiveness of prevention and control methods as well as cost of each 
method.
    There is more to research than merely documenting the pattern and 
consequences of invasions. Our states and local areas need to be able 
to access a wide variety of information, including effectiveness and 
cost, on a broad range of species.
    I want to thank Chairman Ehlers for introducing H.R. 1081 and 
Chairman Boehlert for working with me on this amendment.

    Chairman Boehlert. Mr. Baird will have first priority for 
his statement. He is--has a conflict that requires him to be 
elsewhere, but we will put him first in line for the 
statements.
    I ask unanimous consent that the bill be considered as open 
and read to amendment at any point and that the Members proceed 
with the amendments in the order of the roster.
    [See H.R. 1081 in Appendix.]
    And the roster lists just three amendments--yeah, three 
amendments. The first amendment up, Mr. Ehlers, En Bloc.
    Mr. Ehlers. Mr. Chairman, I have an amendment at the desk.
    Chairman Boehlert. The Clerk will read the amendment.
    Ms. Tessieri. Amendment----
    Chairman Boehlert. Report the amendment.
    Ms. Tessieri. Amendments to H.R. 1081 offered by Mr. Ehlers 
and Mr. Baird.
    [See Amendment in Appendix.]
    Chairman Boehlert. The gentleman is recognized for five 
minutes to explain his amendment.
    Mr. Ehlers. Thank you, Mr. Chairman. The En Bloc Amendment 
that Mr. Baird and I are offering makes several primarily 
technical changes to the bill and clarifies our intent with 
respect to how the Act would be carried out. Among other 
things, the amendment would clarify that those involved in 
managing invasive species at the State level are included in 
the workshop that we require in this legislation and clarifies 
that grant money should be used to fund research on aquatic 
invasive species in both coastal and inland aquatic ecosystems.
    The amendment also includes language proposed by Mr. Davis 
to increase state input into the program, language proposed by 
Mr. Matheson to recognize the Cooperative Fish and Wildlife 
Research Program, and language proposed by Mr. Costello to 
develop a plan to evaluate current control and eradication 
technologies. This amendment is not controversial. It has been 
put together by the Minority and the Majority, and I hope that 
all of my colleagues will support it.
    Chairman Boehlert. This is the traditional bipartisan 
Manager's Amendment worked out with Mr.--with Dr. Baird and Dr. 
Ehlers. And I assume there is no controversy. Is there anyone 
that feels compelled to speak to these----
    Mr. Udall. Mr. Chairman.
    Chairman Boehlert. Mr. Udall.
    Mr. Udall. I would move to strike the last word.
    Chairman Boehlert. The gentleman is recognized.
    Mr. Udall. I want to just speak on behalf of our colleague, 
Congressman Baird; he has been, unfortunately, detained, as you 
mentioned. And so that we don't hold up the proceedings, he 
asked me to express his gratitude and the gratitude of the 
Committee to Chairman Ehlers for working with us on the bill 
and to you, Mr. Boehlert--Mr. Chairman, as well.
    So I would ask unanimous consent that Representative 
Baird's statement would be placed in the record, and I would 
urge my colleagues to support the amendment and the underlying 
bill.
    [The prepared statement of Mr. Baird follows:]
            Prepared Statement of Representative Brian Baird
    I want to thank Chairman Boehlert for moving this bill forward 
today. I also want to thank Subcommittee Chairman Ehlers for working 
with me on this Manager's amendment.
    Invasive species are now found throughout the country, and they are 
causing extensive ecological and economic damage. States and local 
resource management agencies are struggling with problems created by 
invasive species--everything from degradation of habitat for 
ecologically and commercially important native species to clogging of 
waterways and water infrastructure. The list of damaging species is 
long and it is growing rapidly. Assuming we can provide the additional 
resources authorized in this bill, we will gather the information we 
need to prevent introduction of, and to respond quickly to eradicate 
and control invasive species. Prevention and quick response will enable 
us to save millions of dollars and to maintain the productivity of our 
land and water resources.
    This bill will now proceed to the Resources, Transportation, and 
House Administration Committees. I welcome the opportunity to continue 
working with Chairman Boehlert and Chairman Ehlers over in the 
Transportation Committee to further improve this bill and the companion 
bill on invasive species management. I urge all my colleagues to 
support this amendment and the underlying bill.

    Chairman Boehlert. Thank you very much, and I do--the Chair 
does acknowledge the outstanding contribution that Dr. Baird 
has made to this Subcommittee and the Full Committee. And we 
miss him, but we know there are conflicts, and we all have 
conflicts.
    Is there anyone else who feels--yes, sir, Mr. Davis.
    Mr. Davis. I move to strike the last word.
    Chairman Boehlert. The gentleman is recognized.
    Mr. Davis. Mr. Chairman, I, too, would like to thank the 
Chairman for allowing the particular amendment that I have 
offered to be allowed to be in the Manager's Amendment. And I 
would like unanimous consent to include a statement.
    Chairman Boehlert. Without objection, so ordered.
    [The prepared statement of Mr. Davis follows:]
           Prepared Statement of Representative Lincoln Davis
    Thank you, Mr. Chairman. I want to commend, Chairman Ehlers for his 
work on this legislation. Invasive species cost the United States 
billions of dollars every year. We need to work smarter to control 
invasive species and H.R. 1081 is a step in the right direction.
    As we all know, states and localities bear the brunt of controlling 
and eradicating invasive species. H.R. 1081 develops a number of 
protocols to help states identify invasive species, before they become 
a problem. I was concerned there wasn't a good tie between what the 
research community would develop and the actual users of their 
activities. My amendment would ensure that there is coordination 
between the federal agencies implementing this legislation and state 
officials. At a hearing before the Subcommittee on Harmful Algal Bloom, 
one state manager said that researchers pursue a path of enquiry or 
develop a plan that doesn't really suit the needs of state officials. 
In this time of scarce budget resources, I wanted to ensure that 
research agendas and protocols will yield results and data that can be 
used by State and local officials.
    This is not a major change to the legislation, it simply 
strengthens existing language in Sec. 4 of the bill.
    I want to thank Chairman Boehlert and Chairman Ehlers for working 
with me on this amendment. And I would urge everyone to support this 
amendment.

    Chairman Boehlert. If there is no further discussion, Mr. 
Boehlert----
    Mr. Matheson. Mr. Chairman, could I just----
    Chairman Boehlert. Who seeks recognition?
    Mr. Matheson. Mr. Chairman, just--I have a statement I 
would like to submit for the record. And I just want to thank 
you and your staff for being very helpful in incorporating some 
language in the Manager's Amendment.
    Chairman Boehlert. Thank you very much. And without 
objection, so ordered.
    [The prepared statement of Mr. Matheson follows:]
           Prepared Statement of Representative Jim Matheson
    I move to strike the last word.
    Mr. Chairman, I want to thank you and the Chairman of the 
Environment, Technology and Standards Subcommittee for including my 
amendment in the Manager's amendment. As you know, drought continues to 
be a great problem in the West. Tamarisk and other invasive riparian 
species overwhelmingly contribute to this ongoing problem. Tamarisk is 
helping to reshape the large river ecosystems throughout the Colorado 
River System. This plant changes river hydrology and geomorphology, 
affecting habitats for organisms living in the river. The Green and 
Colorado Rivers in Utah are particularly vulnerable to additional 
disruption of ecosystem functions. Tamarisk occupies more than a 
million acres of riparian habitat in the West. Tamarisk consumes as 
much water as California's allotment of the Colorado River. A single 
plant can absorb up to 300 gallons of water a day through taproots that 
reach deep into the water table. The West is losing from 2.0 to 4.5 
million acre-feet of water per year over what native plants would use. 
This is enough water to supply over 20 million people or to irrigate 
over one million acres of land. For example, Spring Lake in New Mexico 
was overrun by Tamarisk; eventually it occupied the entire shoreline 
causing a lake that was 40 to 45 feet deep to dry up. This lake was 
vital for Texas water users. Something similar is bound to happen along 
the Green and Colorado Rivers unless something is done. Research is 
needed to both understand the reasons why this species is so dominant 
and to control and reverse these invasions. Thank you Mr. Chairman.

    Chairman Boehlert. If there are no further discussion, the 
vote occurs on the amendments. All in favor, say aye. Opposed, 
nay. The ayes have it. And the amendment is agreed to.
    The next amendment, amendment number two, is offered by Mr. 
Hall on behalf of Ms. Jackson Lee. And I will let Mr. Hall know 
that the Chair will recommend this as a good amendment and is 
prepared to accept it.
    Mr. Hall.
    Mr. Hall. I won't ruin my chances of passage by explaining 
it. I yield back my time.
    Chairman Boehlert. Everyone has a copy of the amendment 
before----
    Mr. Hall. I ask unanimous consent to put Mrs. Jackson Lee's 
statement in the record.
    Chairman Boehlert. Without objection, so ordered.
    [The prepared statement of Ms. Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
Mr. Chairman,

    This is a good bill, and I commend you and Ranking Member Hall for 
your hard work. This bill will definitely bring protection to our 
nation's waterways, like in Galveston Bay and the Port of Houston. This 
amendment simply makes sure that we get the most we can out of our 
federal research investment, by ensuring that the Act harnesses the 
power of the diverse pool of excellent colleges and universities in the 
United States.
    All of our major colleges and universities have dual purposes--
producing data--and producing the intellectual leaders of tomorrow. As 
written, this Act will enable our nation's research facilities to 
produce scientific data which will guide better policy and procedures 
and products, that will make our waterways cleaner, clearer for 
traffic, and more hospitable to the fish and wildlife that are supposed 
to be there. As an added benefit, much of that research will be done by 
graduate students and post-doctoral fellows, who will then become the 
leaders in oceanographic and biological research in the future.
    My amendment also has a dual purpose. In the section of the bill 
establishing the competitive grant program, it adds that the program 
will include Historically Black Colleges and Universities, those 
serving large proportions of Hispanics, Native Americans, Asian-Pacific 
Americans, and other populations under-represented in the sciences. It 
will ensure that the research programs we create take advantage of the 
excellent expertise and experience of these institutions. This will 
make the science better. Furthermore, it will make it more likely that 
the future leaders in this exciting field reflect the diversity of this 
great nation, so that all Americans can benefit from the way we spend 
their tax dollars.
    This amendment will make sure that these great institutions and the 
young people in them, are included and not excluded from the program we 
establish here. Mr. Chairman, I understand that my staff has been 
working with yours on this amendment. I hope you and my colleagues will 
support it.
    Thank you.

    [See Amendment in Appendix.]
    Chairman Boehlert. Dr. Ehlers.
    Mr. Ehlers. Thank you, Mr. Chairman. I support the 
amendment offered by Ms. Jackson Lee, and I urge its adoption.
    Chairman Boehlert. Thank you very much. If there is no 
further discussion, the vote is on the amendment. All in favor, 
say aye. Nays. The ayes have it. The amendment is agreed to.
    The third and final amendment on our list is an amendment 
offered by our distinguished colleague, Mr. Wu, who is 
recognized for--first of all, the Clerk will report the 
amendment.
    Ms. Tessieri. Amendment to H.R. 1081 offered by Mr. Wu.
    [See Amendment in Appendix.]
    Chairman Boehlert. Mr. Wu is recognized for the traditional 
30 seconds.
    Mr. Wu. Thank you, Mr. Chairman.
    Mr. Chairman, we have invasive species in the Pacific 
Northwest ranging from fish to mussels to plants. And there is, 
appropriately, a lot of focus on the Great Lakes and other 
bodies of water where there are larger populations and people 
who are concerned about these things. We have a relatively 
benign environment where a lot of invasive species can thrive 
and lower population and so we don't kick up as much of a 
ruckus as sometimes we could or should. We do have a problem 
with certain invasive aquatic plant species.
    I understand from staff discussion that the particular 
centers, which this amendment is aimed at encouraging work on 
aquatic species, invasive aquatic species, that these 
particular centers are under the jurisdiction of the Army Corps 
of Engineers. And unless the Chairman would like to take a poke 
at slightly expanding the jurisdiction of this committee, I 
would certainly--I offer this amendment and would like to work 
with the Chairman and the rest of the Committee in finding a 
place in report language and then in statutory language, 
perhaps, in an appropriate bill, in an appropriate vehicle to 
effectively address these invasive aquatic species and problems 
that we have in the Columbia River and the Pacific Northwest.
    [The prepared statement of Mr. Wu follows:]
             Prepared Statement of Representative David Wu

         LMillions of acres of inland waterways are choked with 
        non-native aquatic plants. With no natural enemies, these 
        invasive species choke native aquatic plants, serve no value to 
        fish and wildlife, and contribute to water quality problems. 
        Some of these plants also interfere with navigation, flood 
        control, hydropower production, and waterborne recreational 
        uses.

         LI support the intent of H.R. 1081, the Aquatic 
        Invasive Species Research Act, and applaud the sponsor of this 
        piece of legislation, Mr. Ehlers, for H.R. 1081. While I 
        understand that the Army Corps of Engineers is not within the 
        Science Committee's jurisdiction, the Corps' Aquatic Plant 
        Control Research Program (APCRP) does have the capacity and the 
        expertise to deal with this issue. The APCRP is the Nation's 
        only federally research program directed to develop technology 
        for the management of non-indigenous aquatic plant species.

         LI believe my amendment would help solve the aquatic 
        invasive plants problem by providing funding and directing the 
        Corps to work with those regional expertise to control and 
        eradicate invasive aquatic plants. I ask my colleagues to work 
        with me to address this important issue.

         LI understand that staff had discussions last night 
        about report language\1\ to address the invasive aquatic plants 
        issue. I appreciate the Chairman's willingness to work with me 
        on this issue.
---------------------------------------------------------------------------
    \1\ The Committee recognizes the significant problems experienced 
in many of the Nation's rivers, streams, and lakes due to invasive 
aquatic plants. The Committee intends to have the interagency programs 
authorized in this bill address the problems of aquatic invasive plants 
by drawing upon the expertise and experience of Federal programs, and 
their State and local cooperating organizations. The program should be 
national in scope and strive for balanced coverage of the problems of 
aquatic invasive species that impact all waters of the United States.

    Chairman Boehlert. We compliment the gentleman. Our staffs 
have worked well together, and it is my understanding you are 
prepared to withdraw the amendment with the understanding that 
we have--we will work out agreeable language for the Committee 
Report and will continue to work together.
    The difference between Oregon and New York just hit me like 
a ton of bricks as you were speaking. In Oregon, you raise a 
ruckus. In New York, we raise hell, but we end up accomplishing 
a great deal by working on a bi-coastal basis. And so is it--my 
understanding correct that you have agreed to withdraw the 
amendment, we--understanding that we have report language that 
will deal on a very responsible way with the subject matter?
    Mr. Wu. Mr. Chairman, I just want to point out that there 
is an Astoria, New York, and there is an Astoria, Oregon in my 
Congressional District. We have a lot in common. Ruckus and 
otherwise notwithstanding, I ask unanimous consent to withdraw 
the amendment.
    Chairman Boehlert. Without objection, so ordered. We look 
forward to continued working and productive partnership.
    Mr. Ehlers. Mr. Chairman.
    Chairman Boehlert. Who seeks recognition? Dr. Ehlers.
    Mr. Ehlers. Thank you. I just wanted to have my comments. I 
think Mr. Wu has--is in the right direction in offering this 
amendment. I disagree with one of his comments in which he said 
he didn't make enough of a ruckus. I find that he makes plenty 
of ruckuses. Fortunately, they are constructive ruckuses.
    I would also point out that whereas you may do similar 
things in New York, it is the Midwest that quietly goes around 
solving all of the problems. And so----
    Chairman Boehlert. The gentleman's time has expired.
    Mr. Ehlers. But I just wanted to say I agree with the 
action taken. The amendment would not be appropriate, because 
it would lead to tremendous jurisdictional problems in the 
future. But I think it is a good idea, and let us put it in the 
report language and talk about ways we can bring it into 
effect.
    Chairman Boehlert. Thank you very much. If there are no 
further amendments--pardon me. It has already had unanimous 
consent. That is withdrawn. No further amendments. So I move 
that--let us see. Now I will recognize distinguished Ranking 
Member.
    Mr. Hall. Mr. Chairman, I move that the Committee favorably 
report H.R. 1081, as amended, to the House with the 
recommendation that the bill, as amended, do pass. Furthermore, 
I move that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes and 
that the Chairman take all of the necessary steps to bring the 
bill before the House for consideration.
    Chairman Boehlert. That is great. And we will hold that in 
reserve, because the--we have got to actually pass the bill. 
And so H.R. 1081, the Aquatic Invasive Species Research Act, as 
amended. The question is on passage. All in favor, say aye. 
Opposed, no. The ayes have it, and the bill is passed.
    And Mr. Hall has already given his statement, which----
    Mr. Hall. I will read it again, if you----
    Chairman Boehlert. No, you don't need to. We will properly 
insert it at the correct spot in the record.
    The Chair notes the presence of a quorum. The question is 
on the motion to report the bill favorably. Those in favor of 
the motion will signify by saying aye. Opposed, no. The ayes 
have it. And the bill is favorably reported. Without objection, 
the motion to reconsider is laid upon the table. I move that 
Members have two subsequent calendar days in which to submit 
supplemental Minority or additional views on the measure. I 
move pursuant to Clause 1 of Rule 22 of the House of 
Representatives that the Committee authorize the Chairman to 
offer such motions, as may be necessary in the House, to go to 
conference with the Senate on the bill H.R. 1081, or a similar 
Senate bill. Without objection, so ordered.
    This concludes our Committee markup, and I thank my 
colleagues for their cooperation.
    Mr. Costello.
    Mr. Costello. Mr. Chairman, I apologize. We were in a 
Transportation Committee--Subcommittee hearing. I wanted to 
enter into a colloquy with you. I would ask that I submit this 
for the record. I think that we have an understanding on 
Section 11 where you have accepted some of the language, but we 
are to work out the rest before the bill goes to the Floor. 
Without going through the entire colloquy, I would ask, is that 
your understanding?
    Chairman Boehlert. That is my understanding. I will be 
happy to work with the gentleman, and we will have the 
colleague, which we will submit, without objection, for the 
record.
    [The prepared statement of Mr. Costello follows:]
      Statement for the Record by Representative Jerry F. Costello
    Section 11 which is added by the amendment before us is an 
important addition, but less ambitious than the language I originally 
proposed for inclusion in this legislation. I commend my colleagues for 
their willingness to have the administering agencies, in cooperation 
with appropriate state agencies, develop a plan to survey current 
methods used by the Federal and State governments to control and 
eradicate aquatic invasive species, facilitate exchange of information 
on best practices, and evaluate the cost-effectiveness of the various 
approaches to control of invasive species. While the amendment also 
requires the plan to be submitted to the Congress, in its current form, 
it does not require implementation. The last thing we need is to 
receive yet another plan from the Executive Branch that sits on the 
shelf and gathers dust. It is my hope that we can refine this amendment 
to the point where it once again becomes a full-fledged program. I 
agreed to the current formulation after receiving the Chairman's 
assurances that there was time to improve this provision as this bill 
moves through the legislative process. Is this the Chairman's 
understanding?
    Chairman Boehlert. I will be happy to work with the gentleman. I am 
as committed as you are to solving this problem, but I just did not 
feel that we had enough information at this point to understand how 
this Section 11 relates to ongoing state activities and what the costs 
of such a program would be. You are correct that we have some time 
before this bill reaches the Floor and I am happy to work with the 
gentleman over the coming weeks to understand the implications of his 
original proposal and to see if we can design an implementation 
provision to complement the very important step we are taking here 
today.

    Mr. Costello. I would ask that instead of having the 
colloquy now that I be able to submit it for the record and we 
can work to work this out.
    Chairman Boehlert. Thank you very much, and without 
objection, so ordered. And with that, let me state that the 
Committee now concludes its business. Thank you all very much.
    [Whereupon, at 12:20 p.m., the Committee was adjourned.]
                                Appendix

                              ----------                              


Roster, Amendments, H.R. 1081, Section-By-Section Analysis, and Summary

                              ----------                              







108th CONGRESS
    1st Session

                                H. R. 1081

To establish marine and freshwater research, development, and 
    demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
    stakeholders and restore ecosystems.
                               __________
                    IN THE HOUSE OF REPRESENTATIVES
                             March 5, 2003

Mr. Ehlers (for himself, Mr. Gilchrest, Mr. Baird, Mr. Hoekstra, Mr. 
    Ortiz, Mrs. Biggert, Mr. Kirk, Mr. Kildee, Mr. Camp, Mr. McHugh, 
    Mr. Emanuel, Ms. Slaughter, Mr. Rogers of Michigan, Mr. English, 
    Mr. Farr, Mr. Cummings, Mr. Levin, Mr. Stupak, Mr. Scott of 
    Virginia, Mr. Abercrombie, Mr. Quinn, Mr. Smith of Washington, Mr. 
    George Miller of California, Mrs. Maloney, Mr. Dingell, Ms. Kaptur, 
    Ms. Lee, Mr. Saxton, Mr. Dicks, Ms. Bordallo, Mr. Visclosky, Mr. 
    Walsh, Mr. Upton, Mr. Gillmor, Mr. Smith of Michigan, Mr. Case, Mr. 
    Boehlert, Mr. Brown of Ohio, Mr. Greenwood, Mr. Pallone, Mr. 
    Markey, Mr. Delahunt, Mr. Cardin, Mr. Allen, Mrs. Miller of 
    Michigan, Mr. Blumenauer, Mr. Inslee, Mr. Houghton, Ms. McCollum, 
    Mr. McGovern, Mr. McCotter, Ms. Baldwin, Mr. Leach, Mr. McDermott, 
    Mr. Neal of Massachusetts, Mr. Knollenberg, Mr. Towns, Mr. Honda, 
    Mr. Lipinski, Mr. Weiner, Mr. Kind, Mr. Evans, Ms. Lofgren, Mr. 
    Johnson of Illinois, Mr. Kleczka, Mr. Simmons, Mr. Faleomavaega, 
    and Mr. LaTourette) introduced the following bill; which was 
    referred to the Committee on Science, and in addition to the 
    Committees on Transportation and Infrastructure, Resources, and 
    House Administration, for a period to be subsequently determined by 
    the Speaker, in each case for consideration of such provisions as 
    fall within the jurisdiction of the committee concerned
                               __________

                                 A BILL

To establish marine and freshwater research, development, and 
    demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
    stakeholders and restore ecosystems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aquatic Invasive Species Research 
Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health.
            (2) The direct and indirect costs of aquatic invasive 
        species to our Nation's economy number in the billions of 
        dollars per year. In the Great Lakes region, approximately 
        $3,000,000,000 dollars have been spent in the past 10 years to 
        mitigate the damage caused by one invasive species, the zebra 
        mussel.
            (3) Recent studies have shown that, in addition to economic 
        damage, invasive species cause enormous environmental damage, 
        and have cited invasive species as the second leading threat to 
        endangered species.
            (4) Over the past 200 years, the rate of detected marine 
        and freshwater invasions in North America has increased 
        exponentially.
            (5) The rate of invasions continues to grow each year.
            (6) Marine and freshwater research underlies every aspect 
        of detecting, preventing, controlling, and eradicating invasive 
        species, educating citizens and stakeholders, and restoring 
        ecosystems.
            (7) Current Federal efforts, including research efforts, 
        have focused primarily on controlling established invasive 
        species, which is both costly and often unsuccessful. An 
        emphasis on research, development, and demonstration to support 
        efforts to prevent invasive species or eradicate them upon 
        entry into United States waters would likely result in a more 
        cost-effective and successful approach to combating invasive 
        species through preventing initial introduction.
            (8) Research, development, and demonstration to support 
        prevention and eradication includes monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        non-native species, and development and testing of technologies 
        to prevent introduction through known pathways.
            (9) Therefore, Congress finds that it is in the United 
        States interest to conduct a comprehensive and thorough 
        research, development, and demonstration program on aquatic 
        invasive species in order to better understand how aquatic 
        invasive species are introduced and become established and to 
        support efforts to prevent the introduction and establishment 
        of, and to eradicate, these species.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering agencies.--The term ``administering 
        agencies'' means----
                    (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                    (B) the Smithsonian Environmental Research Center; 
                and
                    (C) the United States Geological Survey.
            (2) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters and wetlands) located in the United States.
            (3) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            (4) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
            (5) Invasive species.--The term ``invasive species'' means 
        a species----
                    (A) that is non-native to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (6) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note).
            (7) Pathway.--The term ``pathway'' means 1 or more routes 
        by which an invasive species is transferred from one ecosystem 
        to another.
            (8) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
            (9) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
            (10) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law for a 
        particular application.

SEC. 4. CONSULTATION AND COOPERATION.

    (a) Memorandum of Understanding.--The administering agencies shall 
enter into a memorandum of understanding regarding implementation of 
this Act.
    (b) Consultation.--In carrying out this Act, the administering 
agencies shall consult with----
            (1) the Task Force and Invasive Species Council;
            (2) the Environmental Protection Agency; and
            (3) other appropriate Federal and State agencies.
    (c) Cooperation.--In carrying out this Act, the administering 
agencies shall contract, as appropriate, or otherwise cooperate with 
academic researchers.

SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH.

    (a) In General.--The administering agencies shall develop and 
conduct a marine and fresh-water research program which shall include 
ecological and pathway surveys and experimentation to detect non-native 
aquatic species in aquatic ecosystems and to assess rates and patterns 
of introductions of non-native aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program shall be to 
support efforts to prevent the introduction of, detect, and eradicate 
invasive species through informing early detection and rapid response 
efforts, informing relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the introduction and 
spread of aquatic invasive species. Surveys and experiments under this 
subsection shall be commenced not later than 18 months after the date 
of the enactment of this Act.
    (b) Protocol Development.--The administering agencies shall 
establish standardized protocols for conducting ecological and pathway 
surveys of non-native aquatic species that are integrated and produce 
comparable data, and shall recommend a standardized approach for 
classifying species. For ecological surveys, two protocols shall be 
developed, one to support early detection surveys that may be conducted 
by Federal, State, or local agencies involved in the management of 
invasive species, and a second protocol to support the surveys 
conducted under subsection (a). Protocols shall, as practicable, be 
integrated with existing protocols and data collection methods. Upon 
the development of protocols to support early detection surveys, the 
Task Force shall make appropriate efforts to disseminate the protocols 
to appropriate Federal, State, and local entities. In developing the 
protocols under this subsection, the administering agencies shall draw 
on the recommendations gathered at the workshop under subsection (g). 
The protocols shall be peer reviewed, and revised as necessary. 
Protocols shall be completed within 1 year after the date of the 
enactment of this Act.
    (c) Ecological and Pathway Survey Requirements.--(1) Each 
ecological survey conducted under subsection (a) shall, at a minimum--
--
            (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, non-native species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
            (B) for non-native species, gather information to assist in 
        identifying their life history, environmental requirements and 
        tolerances, the historic range of their native ecosystems, and 
        their history of spreading from their native ecosystems;
            (C) track the establishment of non-native species including 
        information about the estimated population of non-native 
        organisms in order to allow an analysis of the probable date of 
        introduction of the species; and
            (D) identify the likely pathway of entry of non-native 
        species.
    (2) Each pathway survey conducted under this section shall, at a 
minimum----
            (A) identify what non-native aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
            (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
            (C) determine the practices that contributed to or could 
        contribute to the introduction of non-native aquatic species 
        through the pathway under consideration.
    (d) Number and Location of Survey Sites.--The administering 
agencies shall designate the number and location of survey sites 
necessary to carry out marine and freshwater research required under 
this section. In establishing sites under this subsection or subsection 
(e), emphasis shall be on the geographic diversity of sites, as well as 
the diversity of the human uses and biological characteristics of 
sites.
    (e) Competitive Grant Program.--The administering agencies (acting 
through the National Oceanic and Atmospheric Administration) shall 
administer a program to award grants to academic institutions, State 
agencies, and other appropriate groups, in order to assist in carrying 
out subsections (b) and (h). This program shall be competitive, peer-
reviewed, and merit-based.
    (f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) examine other potential modes for 
                        the introduction of non-native aquatic species 
                        by ship, including hull fouling.''.
    (g) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), the 
administering agencies shall convene a workshop with appropriate 
researchers from Federal and State agencies and academic institutions 
to gather recommendations. The administering agencies shall make the 
results of the workshop widely available to the public. The workshop 
shall be held within 120 days after the date of the enactment of this 
Act.
    (h) Experimentation.--The administering agencies shall conduct 
laboratory and field-based marine and freshwater research experiments 
on a range of taxonomic groups to identify the relationship between the 
introduction and establishment of non-native aquatic species, including 
those legally introduced, and the circumstances necessary for those 
species to survive and thrive.
    (i) National Pathway and Ecological Surveys Database.----
            (1) In general.--The United States Geological Survey shall 
        develop, maintain, and update, in consultation and cooperation 
        with the Smithsonian Environmental Research Center, the 
        National Oceanic and Atmospheric Administration, and the Task 
        Force, a central, national database of information concerning 
        information collected under this section.
            (2) Requirements.--The database shall----
                    (A) be widely available to the public;
                    (B) be updated not less than once a quarter;
                    (C) be coordinated with existing databases 
                collecting similar information; and
                    (D) be, to the maximum extent practicable, 
                formatted such that the data is useful for both 
                researchers and Federal and State employees managing 
                relevant invasive species programs.

SEC. 6. ANALYSIS.

    (a) Invasion Analysis.----
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every year thereafter, the 
        administering agencies shall analyze data collected under 
        section 5 and other relevant research on the rates and patterns 
        of invasions by aquatic invasive species in waters of the 
        United States. The purpose of this analysis shall be to use the 
        data collected under section 5 and other relevant research to 
        support efforts to prevent the introduction of, detect, and 
        eradicate invasive species through informing early detection 
        and rapid response efforts, informing relevant policy 
        decisions, and assessing the effectiveness of implemented 
        policies to prevent the introduction and spread of invasive 
        species.
            (2) Contents.--The analysis required under paragraph (1) 
        shall include with respect to aquatic invasive species----
                    (A) an analysis of pathways, including----
                            (i) identifying, and characterizing as 
                        high, medium, or low risk, pathways regionally 
                        and nationally;
                            (ii) identifying new and expanding 
                        pathways;
                            (iii) identifying handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            (iv) assessing the risk that species 
                        legally introduced into the United States pose 
                        for introduction into aquatic ecosystems;
                    (B) patterns and rates of invasion and 
                susceptibility to invasion of various bodies of water;
                    (C) how the risk of establishment through a pathway 
                is related to the identity and number of organisms 
                transported;
                    (D) rates of spread and numbers and types of 
                pathways of spread of new populations of the aquatic 
                invasive species and an estimation of the potential 
                spread and distribution of newly introduced invasive 
                species based on their environmental requirements and 
                historical distribution;
                    (E) documentation of factors that influence an 
                ecosystem's vulnerability to a non-native aquatic 
                species becoming invasive;
                    (F) a description of the potential for, and impacts 
                of, pathway management programs on invasion rates;
                    (G) recommendations for improvements in the 
                effectiveness of pathway management;
                    (H) to the extent practical, a determination of the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce the risk of 
                establishment to receiving aquatic ecosystems to an 
                acceptable level; and
                    (I) an evaluation of the effectiveness of 
                management actions (including any standard) at reducing 
                species introductions and establishment.
    (c) Research To Assess the Potential of the Establishment of 
Introduced Species.--Within 2 years after the date of the enactment of 
this Act, the administering agencies shall develop a profile, based on 
the general characteristics of invasive species and vulnerable 
ecosystems, in order to predict, to the extent practical, whether a 
species planned for importation is likely to invade a particular 
aquatic ecosystem if introduced. In developing the profile, the above 
agencies shall analyze the research conducted under section 5, and 
other research as necessary, to determine general species and ecosystem 
characteristics (taking into account the opportunity for introduction 
into any ecosystem) and circumstances that can lead to establishment. 
Based on the profile, the Task Force shall make recommendations to the 
Invasive Species Council as to what planned importations of non-native 
aquatic organisms should be restricted. This profile shall be peer-
reviewed.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section and section 5 of this Act, 
and section 1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal 
years 2004 through 2008----
            (1) $4,000,000 for the Smithsonian Environmental Research 
        Center;
            (2) $4,500,000 for the United States Geological Survey, of 
        which $500,000 shall be for developing, maintaining, and 
        updating the database under section 5(i); and
            (3) $17,000,000 for the National Oceanic and Atmospheric 
        Administration, of which $13,000,000 shall be for the grant 
        program under section 5(e).

SEC. 7. DISSEMINATION.

    (a) In General.--The Invasive Species Council, in coordination with 
the Task Force and the administering agencies, shall be responsible for 
disseminating the information collected under this Act to Federal, 
State, and local entities, including relevant policymakers, and private 
researchers with responsibility over or interest in aquatic invasive 
species.
    (b) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Invasive Species Council shall report 
actions and findings under section 6 to the Congress, and shall update 
this report once every 3 years thereafter, or more often as necessary.
    (c) Response Strategy.--The Invasive Species Council, in 
coordination with the Task Force, the administering agencies, and other 
appropriate Federal and State agencies, shall develop and implement a 
national strategy for how information collected under this Act will be 
shared with Federal, State, and local entities with responsibility for 
determining response to the introduction of potentially harmful non-
native aquatic species, to enable those entities to better and more 
rapidly respond to such introductions.
    (d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force and the administering agencies, shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) on how their 
practices could be modified to prevent the intentional or unintentional 
introduction of non-native aquatic species into aquatic ecosystems.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2004 through 2008 $500,000 
for the Invasive Species Council for carrying out this section.

SEC. 8. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.

    (a) Environmentally Sound Technology Development, Demonstration, 
and Verification.----
            (1) Grant program.--Not later than 1 year after the date of 
        the enactment of this Act, the Environmental Protection Agency, 
        acting through the Office of Research and Development, in 
        consultation with the Army Corps of Engineers and the 
        administering agencies, shall develop and begin administering a 
        grant program to fund research, development, demonstration, and 
        verification of environmentally sound cost-effective 
        technologies and methods to control and eradicate aquatic 
        invasive species.
            (2) Purposes.--Proposals funded under this subsection 
        shall----
                    (A) seek to support Federal, State, or local 
                officials' ongoing efforts to control and eradicate 
                aquatic invasive species in an environmentally sound 
                manner;
                    (B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    (C) provide for demonstration or dissemination of 
                the technology or method to potential end-users; and
                    (D) verify that any technology or method meets any 
                appropriate criteria developed for effectiveness and 
                environmental soundness by the Environmental Protection 
                Agency.
            (3) Preference.--The Administrator of the Environmental 
        Protection Agency shall give preference to proposals that will 
        likely meet any appropriate criteria developed for 
        environmental soundness by the Environmental Protection Agency.
            (4) Merit review.--Grants shall be awarded under this 
        subsection through a competitive, peer-reviewed, merit-based 
        process.
            (5) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall prepare and submit a report to Congress 
        on the program conducted under this subsection. The report 
        shall include findings and recommendations of the Administrator 
        with regard to technologies and methods.
    (b) Dispersal Barrier Research Program.--Not later than 1 year 
after the date of the enactment of this Act, the Assistant Secretary of 
the Army for the Corps of Engineers, in conjunction with the Fish and 
Wildlife Service and other appropriate Federal agencies and academic 
researchers, shall establish a research, development, and demonstration 
program to study environmentally sound methods and technologies to 
reduce dispersal of aquatic invasive species through interbasin 
waterways and assess the potential for using those methods and 
technologies in other waterways.
    (c) Ship Pathway Technology Demonstration.----
            (1) Reauthorization of program.--Section 1301(e) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000'' 
        and inserting ``$7,500,000 for each of the fiscal years 2004 
        through 2008''.
            (2) Expansion of program.--Section 1104(b) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714(b)) is amended----
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may also demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on ships other than through 
        ballast water.''.
            (3) Criteria and workshop.--Section 1104 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714) is amended by adding at the end the 
        following new subsections:
    ``(d) Criteria.--When issuing grants under this section, the 
National Oceanic and Atmospheric Administration shall give preference 
to those technologies that will likely meet the criteria laid out in 
any testing protocol developed by the Environmental Protection Agency 
Office of Research and Development's Environmental Technology 
Verification Program.
    ``(e) Workshop.--The National Oceanic and Atmospheric 
Administration shall hold an annual workshop of principal investigators 
funded under this section and researchers conducting research directly 
related to ship pathway technology development, for information 
exchange, and shall make the proceedings widely available to the 
public.''.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2004 through 2008----
            (1) $2,500,000 for the Environmental Protection Agency to 
        carry out subsection (a); and
            (2) $1,000,000 for the Army Corps of Engineers to carry out 
        subsection (b).

SEC. 9. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP 
                    PATHWAY STANDARDS.

    (a) Research Program.--The Coast Guard and the Environmental 
Protection Agency, in coordination with the National Oceanic and 
Atmospheric Administration, the Task Force, and other appropriate 
Federal agencies and academic researchers, shall develop a coordinated 
research program to support the promulgation and implementation of 
standards to prevent the introduction and spread of invasive species by 
ships that shall include----
            (1) characterizing physical, chemical, and biological 
        harbor conditions relevant to ballast discharge into United 
        States waters to inform the design and implementation of ship 
        vector control technologies and practices;
            (2) developing testing protocols for determining the 
        effectiveness of vector monitoring and control technologies and 
        practices;
            (3) researching and demonstrating methods for mitigating 
        the spread of invasive species by coastal voyages, including 
        exploring the effectiveness of alternative exchange zones in 
        the near coastal areas and other methods proposed to reduce 
        transfers of organisms;
            (4) verifying the practical effectiveness of any type 
        approval process to ensure that the process produces repeatable 
        and accurate assessments of treatment effectiveness; and
            (5) evaluating the effectiveness and residual risk and 
        environmental impacts associated with any standard set with 
        respect to the ship pathway through experimental research.
    (b) Performance Test.--Within 1 year after the date of the 
enactment of this Act, the Coast Guard, in conjunction with the 
National Institute of Standards and Technology and the Maritime 
Administration, shall design a performance test for ballast water 
exchange such as a dye study to measure the effectiveness of ballast 
water exchange.
    (c) National Academy Study.--The Secretary of the Department in 
which the Coast Guard is operating shall enter into an arrangement with 
the National Academy of Sciences under which the Academy shall----
            (1) identify the relative risk of transfer of various 
        taxonomic groups by different ship modes;
            (2) assess the extent to which a ballast water standard 
        that virtually eliminates the risk of introduction of invasive 
        species by ballast water may relate to the risk of 
        introductions by all ship modes, and explain the degree of 
        uncertainty in such assessment; and
            (3) recommend methods for reducing organism transfers by 
        ships by addressing all parts and systems of ships and all 
        related modes of transport of invasive species, and identify 
        the research, development, and demonstration needed to improve 
        the information base to support such methods, including 
        economic information.
Not later than 2 years after the date of the enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
transmit to the Congress a report on the results of the study under 
this subsection.
    (d) Recommendations.--Not later than the later of 1 year after the 
date of submission of the report under subsection (c), or 3 years after 
the date of the enactment of this Act, the Task Force, in conjunction 
with the Environmental Protection Agency, the administering agencies, 
and other appropriate Federal and State agencies and academic 
researchers, shall submit to the Coast Guard a report that describes 
recommendations for----
            (1) a ship pathway treatment standard that incorporates all 
        potential modes of transfer by ships; and
            (2) methods for type approval and accurate monitoring of 
        treatment performance that are simple and streamlined and 
        follow established protocols.
    (e) Working Group.--Not later than 2 years after the issuance by 
the Coast Guard of any standard relating to the introduction by ships 
of invasive species, the Coast Guard shall convene a working group 
including the Environmental Protection Agency, the administering 
agencies, and other appropriate Federal and State agencies and academic 
researchers, to evaluate the effectiveness of that standard and 
accompanying implementation protocols. The duties of the working group 
shall, at a minimum, include----
            (1) reviewing the effectiveness of the standard in reducing 
        the establishment of invasive species in aquatic ecosystems, 
        taking into consideration the data collected under section 5; 
        and
            (2) developing recommendations to the Coast Guard for the 
        revision of such standard and type approval process to ensure 
        effectiveness in reducing introductions and accurate shipboard 
        monitoring of treatment performance that is simple and 
        streamlined, which shall be made widely available to the 
        public.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated----
            (1) for each of the fiscal years 2004 through 2008 
        $1,500,000 for the Coast Guard and $1,500,000 for Environmental 
        Protection Agency to carry out subsection (a);
            (2) for each of the fiscal years 2004 through 2006 $500,000 
        for the Coast Guard to carry out subsection (b); and
            (3) for fiscal year 2004 $500,000 for the Coast Guard to 
        carry out subsection (c), to remain available until expended.

SEC. 10. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    (a) In General.--The National Science Foundation shall establish a 
program to award grants to researchers at institutions of higher 
education and museums to carry out research programs in systematics and 
taxonomy.
    (b) Goals.--The goals of the program under this section are to----
            (1) encourage scientists to pursue careers in systematics 
        and taxonomy to ensure a continuing knowledge base in these 
        disciplines;
            (2) ensure that there will be adequate expertise in 
        systematics and taxonomy to support Federal, State, and local 
        needs to identify species;
            (3) develop this expertise throughout the United States 
        with an emphasis on regional diversity; and
            (4) draw on existing expertise in systematics and taxonomy 
        at institutions of higher education and museums to train the 
        next generation of systematists and taxonomists.
    (c) Criteria.--Grants shall be awarded under this section on a 
merit-reviewed competitive basis. Emphasis shall be placed on funding 
proposals in a diverse set of ecosystems and geographic locations, and, 
when applicable, integrated with the United States Long Term Ecological 
Research Network. Preference shall be given to proposals that will 
include student participation, and to institutions and museums that 
actively train students to become experts in taxonomy and systematics.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
section $2,500,000 each of the fiscal years 2004 through 2008.
                      Section-by-Section Analysis

            H.R. 1081, Aquatic Invasive Species Research Act

Section 1. Short Title

    This Act is named the ``Aquatic Invasive Species Research Act.''

Section 2. Findings

    The legislation establishes several findings in support of the 
legislation, and finds that aquatic invasive species pose significant 
direct and indirect costs to the U.S. economy and environment, and that 
more research is needed to better direct Federal efforts toward 
effectively preventing the introduction of invasive species.

Section 3. Definitions

    The administering agencies of the Act are defined as the National 
Oceanic and Atmospheric Administration, the Smithsonian Environmental 
Research Center and the United States Geological Survey.
    The following additional terms are defined: aquatic ecosystem, 
ballast water, invasion, invasive species, invasive species council, 
pathway, species, task force, and type approval.

Section 4. Consultation and Cooperation

    The administering agencies shall enter into a memorandum of 
agreement regarding implementation of this Act. In carrying out the 
Act, they shall consult with the Task Force, the Invasive Species 
Council, the Environmental Protection Agency and other appropriate 
State and Federal agencies, and shall cooperate with academic 
researchers.

Section 5. Ecological and Pathway Research

    The administering agencies shall conduct surveys of ecosystems and 
of pathways (such as ships' ballast water) by which invasive species 
enter U.S. waters in order to track the introduction of invasive 
species. They shall also conduct experiments to understand the 
relationship between the conditions under which an invasive species is 
introduced and the likelihood that it will become established, and 
maintain a database of all of the information gathered under this 
section. Ecosystem surveys will review the patterns and rates of 
invasion at the site, track the establishment of species in ecosystems, 
monitor the circumstances accompanying that establishment, and document 
factors that may influence an ecosystem's vulnerability to invasion. 
Pathway surveys will identify the species being introduced through a 
given pathway, the quantity being introduced, and handling practices 
that contribute to the introduction. In carrying out this program the 
administering agencies will develop standardized protocols for carrying 
out the surveys and will coordinate their efforts to establish long-
term survey sites to collect strong baseline information. A grant 
program is established to fund academic researchers and state agencies 
to carry out the surveys at diverse sites distributed geographically 
around the country.

Section 6. Analysis

    The administering agencies shall analyze the survey and 
experimental results collected under Section 5. Specifically, they 
will, among other things, identify the highest risk pathways, identify 
handling practices within pathways that contribute to introductions, 
and evaluate how much effort is required in reducing introductions for 
various taxonomic groups to reduce the risk that they will become 
established. The agencies shall recommend and review pathway management 
programs to reduce introductions of invasive species. A profile, based 
on information about species characteristics, ecosystem characteristics 
and environmental circumstances that favor invasion, will be developed 
to predict, to the extent practical, whether a species planned for 
importation is likely to invade a particular ecosystem.
    Authorization of Appropriations--To carry out Sections 5 and 6 for 
FY04 through FY08, the National Oceanic and Atmospheric Administration 
is authorized $17 million ($13 million of which is for the grant 
program), the Smithsonian Environmental Research Center is authorized 
$4 million, and the United States Geological Survey is authorized $4.5 
million ($500,000 million of which is to administer the database).

Section 7. Dissemination

    The National Invasive Species Council shall disseminate the 
information developed under Section 6 to relevant audiences. This 
includes a report to Congress, a mechanism to provide survey findings 
to support rapid response efforts, and dissemination to users of the 
various pathways invasive species exploit of information regarding how 
their practices should be modified to prevent the introduction of non-
native species. The National Invasive Species Council is authorized for 
FY04 through FY08 $500,000 million per year.

Section 8. Technology Development and Demonstration

    The Act establishes and expands several programs to develop 
technologies to prevent, control and eradicate invasive species. These 
include (authorizations are for FY04 through FY08):

         LThe creation of an Environmental Protection Agency 
        grant program to fund research, development, demonstration and 
        verification of a suite of environmentally sound technologies 
        to control and eradicate invasive species. (authorized at $2.5 
        million per year)

         LThe creation of an Army Corps of Engineers dispersal 
        barrier research program. (authorized at $1 million per year)

         LThe expansion of the Ballast Water Technology 
        Demonstration Program to include the demonstration of 
        technologies to treat all ship pathways of introduction 
        (including hull fouling). (authorized at $7.5 million per year)

Section 9. Research to Support the Setting and Implementation of 
                    Standards

    The Act establishes a research program to support the setting, 
implementation and evaluation of standards for treatment of ship 
pathways of introduction. This includes:

         LThe creation of a Coast Guard and EPA research 
        program to conduct experiments and answer relevant policy 
        questions associated with standards and their implementation, 
        such as the identification of possible circumstances in which a 
        ship may encounter invasive species and in which a treatment 
        technology must be effective. (authorized at $1.5 million for 
        EPA and $1.5 million for Coast Guard for FY04 through FY08)

         LCoast Guard research to design a performance test for 
        ballast water exchange. (authorized at $500,000 million for 
        FY04 through FY06)

         LA study by the National Academy of Sciences to 
        develop recommendations for a standard. (authorized at $500,000 
        for FY04)

         LAn interagency working group to evaluate the 
        effectiveness of the standard and make recommendations for 
        revision.

Section 10. Research in Systematics and Taxonomy

    The National Science Foundation shall establish a competitive, 
peer-reviewed program to award grants to researchers at institutions of 
higher education and museums to carry out research in systematics and 
taxonomy. The program is authorized at $2.5 million for FY04 through 
FY08.
           The Aquatic Invasive Species Research Act Summary
                          by Vernon J. Ehlers
                               June 2003

What exactly is an invasive species?

    Last summer, a voracious fish known as the Northern Snakehead 
became a media cause celebre and a serious threat to Maryland 
waterways. This predator wipes out native fish and once it is done 
feeding in one pond, it literally gets up and crawls across land to the 
next one. Once discovered in Maryland, Federal, State and local 
governments undertook rapid and successful efforts to wipe out this 
fish before it could establish itself and destroy native species. This 
is only one example out of thousands of non-native species that have 
been either intentionally or unintentionally introduced into United 
States waters. These ``invasive species'' take hold and multiply in 
ecosystems where they don't have any competition, causing tremendous 
economic and environmental harm. This legislation seeks to address the 
threat to U.S. waterways posed by all aquatic invasive species.

What harm do invasive species cause?

    Invasive species can cause tremendous harm. Estimating the total 
economic impact of invasive species is extremely difficult, as no 
single organization accumulates such statistics comprehensively. 
However, researchers at Cornell University estimate that invasive 
species cost Americans $137 billion annually. This includes the cost of 
control, damage to property values, health costs and other factors. 
However, it only takes one species to cost government and private 
citizens billions of dollars. For example, zebra mussels have cost the 
various entities in the Great Lakes basin an estimated $3 billion 
during the past 10 years for cleaning water intake pipes, purchasing 
filtration equipment, etc. (Zebra mussels are bivalves native to 
European waters that scientists believe were first introduced to the 
Great Lakes through ships' ballast water exchanges in the late 1980s.)
    Beyond economic impacts, invasive species cause ecological costs 
that are even more difficult to quantify. For example, sea lamprey 
control measures in the Great Lakes cost approximately $10 million to 
$15 million annually. However, we do not have a good measure of the 
cost of lost fisheries due to this invader, which was first discovered 
in the Great Lakes in the early 1900s. In fact, invasive species now 
are second only to habitat loss as threats to endangered species. 
Quantifying the loss due to extinction caused by these invasive species 
is nearly impossible.

What does the legislation do to combat invasive species?

    The Aquatic Invasive Species Research Act establishes a 
comprehensive research program to assist policy-makers to make good 
decisions on the best methods to prevent invasive species from entering 
U.S. waters. It also enhances our ability to detect invasive species 
early and respond to eradicate them rapidly once they are established. 
The major provisions of the legislation are:

         LA comprehensive ecological and pathway research 
        program, combining surveys and experimentation, run by the 
        National Oceanic and Atmospheric Administration, the United 
        States Geological Survey and the Smithsonian Environmental 
        Research Center, so that policy-makers will be able to assess 
        how these species get into our waterways and whether or not 
        management decisions are helping reduce invasions;

         LA development, demonstration and verification program 
        run by the Environmental Protection Agency to develop 
        environmentally sound technologies to control and eradicate 
        invasive species, so that Federal, State, and local managers 
        will have more tools combat invasive species;

         LA research program to support the Coast Guard's 
        efforts to reduce the threat that ships pose for the 
        introduction new species into U.S. waters, efforts that will 
        spur the development of technology to prevent invasive species 
        from entering U.S. waters;

         LA grant program within the National Science 
        Foundation to support academic research in systematics and 
        taxonomy, so that we will maintain U.S. expertise in these 
        areas and enhance our ability to identify invaders once they 
        arrive; and,

         LAdequate funding to conduct the necessary research to 
        assist policy-makers in making decisions that effectively 
        reduce this threat, and to advance the development of the 
        technologies necessary to control the threat. The bill is 
        authorized at approximately $43.5 million per year from 2004 
        until 2008.